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THE 



CIVIL GOVERNMENT 



Uiiited States a»(¥ tetState of Missouri 



AND 



The History of Missouri 



REVIvSED EDITION 



BY 

pp:rry s. rader 



JEFFERSON CITY, MO. : 
Tribune PPvInting Company, Prixteks and Binders. 



LiBRfifTV «f OONGRPSS 
TWo Oonles Rerrtved 

SEP t6 1904 

«LASS a xXo. No. i 
Cf>PV B^ i 

"III I .11 I .j 



r4 u t 



Entered according to act of Congress, by 

PERRY S. RADER, 

In the office of the Librarian of Congress, at Washington. 



CONTENTS. 



Civil Government of The United States. 

Chapters. Page. 

I .—General Principles 1 

II.— Charter and Colonial Governments 7 

III.— The Rise of the American States and the Union 19 

IV.— The Fundamental Law 34 

V— .The Legislative Department 36 

VI.— Powers of Congress— Taxation 54 

VII.— Powers Over Commerce 60 

VIII— Power to Borrow Money 68 

IX.— Powers Over Coinage, Weights and Measures "3 

X.— Naturalization and Bankruptcies 85 

XI .—The Post Office ^3 

XII.— War , Insurrection, Armies, Navies and Militia 101 

XIII.— Powers Denied to the tJnited States • 116 

XIV.— Powers Denied to the States 128 

XV.— The President 138 

XVI .—The Executive Departments 152 

XVII.— The Judicial Department 162 

XVIII.— Miscellaneous Provisions.-. 1'8 

Civil Government of Missouri. 

Chapters. P^^e. 

I .—Rise of the State Government 190 

II. -The Missouri Constitution 1^6 

III.— The General Assembly 201 

IV.— The Executive Department. 221 

V .—The Courts ^^^ 

VI. -Counties "|5f 

VII.— Cities. Towns and Villages 277 

VIII.— Public Schools 292 



310 

320 



IX .—Elections 

X.— Taxation 

XI.— Lands and Miscellaneous Matters Concerning Lands 332 

XII.— Corporations ^^^ 



IV CONTENTS 



History of Missouri. 

PART 1.— FRENCH AND SPANISH PERIODS. 
Chapters. Page. 

I.— Discoveries 356 

II.— The First Settlements 363 

III.— Spanish rule 366 

PART II. -TERRITORIAL PERIOD. 
Chapters. Page. 

I.— The Louisiana Purchase 375 

II.— Missouri's First years as a Territory 379 

III.— Exploring Expeditions 384 

IV,— The New Madrid Earthquake 386 

V. -Other Settlements 388 

PART III. -MISSOURI AS A STATE. 
Chapters. Page. 

I.— The Admission of Missouri into the Union 400 

II.— First years as a State 409 

III.— Bates and Miller.- 1834-33 415 

I v.— Governor Dunklin's Administration.— 1832-36 431 

v.— Governor Boggs and Mormon Troubles 436 

V^I.— The Administration of Reynolds and Marmaduke 433 

VII.— The Administrations of Governors Edwards and King 439 

VIII.— Benton and the Jackson Resolutions 449 

IX.— From 1852 to 1860 453 

X.— The Election of 1860 467 

XI .—The First Months of 1861 471 

XII.— The Convention 478 

XIII.— The Arsenal and Camp Jackson 482 

XIV.— Boonville, Carthage and CoAvskin Prairie 495 

XV.— The Battle of Wilson's Creek 501 

XVI.— The Last Months of 1861 506 

XVII.— From 1862 to 1864 510 

XVIII.— The Administration of Governor Fletcher 523 

XIX.- McClurg's Administration 533 

XX.— The Administration of Governor Brown 537 

XXI.— Governors Woodson and Hardin 544 

XXII.— From 1877 to 1893 553 

Ji:XIII.— From 1893 to the Present time 531 



CIVIL GOVERNMENT 



OF THE 



UNITED STATES 



CHAPTER I. 

GENERAL PRINCIPLES. 

1. Reason for Government. — The Declaration of In- 
dependence proclaimed that all men are endowed by their 
Creator with certain "unalienable rights," or rights that 
can not be taken from them, and that "among these are life, 
liberty and the pursuit of happiness," and ''that to secure 
these rights governments are instituted among men." This 
is the reason for government. Government is the result 
of investing certain officers with authority to protect the 
people in their right to ''life, liberty and the pursuit of hap- 
piness." Without government, life would be insecure, lib- 
erty uncertain, property valueless, and the varied pursuits 
of industry impossible. All civilized people have had gov- 
ernment in some form, and the better they have become the 
more firmly established have been their governments. 

2. Forms of Government. — In this age the principal 
governments may be divided into two classes, monarchies 

I (I) 



2 CIVIL GOVERNMENT OF THE UNITED STATES. 

and republics. The word monarchy means the rule of one 
man, a government by one person. In such a government 
all power resides in or proceeds from one monarch. There 
have been nations in which the ruler, styled king, despot, 
emperor, czar, shah, or sultan, had absolute power of life 
and death over the people. He made the laws for their 
control, interpreted them as he wished, and enforced them 
according to his own caprice. He took the lives of his sub- 
jects at wall, appropriated their property at pleasure and 
maintained his authority by force. Such a government is 
usually called an absolute uionorchy or despotism. It can 
not exist where the people are generally educated, and 
knowing their rights, have the courage to maintain them. 
But perhaps no important nation of this time can be said to 
be strictly an absolute monarchy. Russia and Turkey are 
frequently called such. But laws exist even in those nations, 
and the powers of the sovereign are limited, in some thingSj 
by them. 

A limited monarchy is a government in which t!ie 
powers of the monarch are limited by law. These p.re en- 
acted by a parliament or established by the people in some 
other way, and enforced by courts. In some Imiited mon- 
archies there is a constitution, or a charter of rights, to 
wdiich the monarch is recjuired to submit. The monarch, 
in such cases, is at the head of the executive branch of the 
government, and is called king or emperor. England is 
the best example of a limited monarchy. For eight hundred 
years she has had a hereditary king or queen, since King 
John's time her people have had their bill of rights, or the 
Magna Charta, and for centuries she has had a system of 
courts to enforce her laws, and a Parliament, consisting of 



GENERAL PRINCIPLES. 3 

the House of Lords and the House of Commons, to enact 
laws for the kingdom. But the powers of the sovereis^n 
are not the same in any two monarchies, whether they be 
called limited or absolute. In one they are more extensive 
than in another. 

An oligarchy means government by a few men, and an 
aristocracy, government by the principal persons of the 
State. There is in reality no nation on earth where govern- 
ment is distinctively an aristocracy or oligarchy, but a dis- 
tinguishing feature of all monarchies is that the people are 
divided into classes, and one class is its aristocracy. Thus, 
in England, the House of Lords is composed of persons who 
have inherited the title of lord from an ancestor, or had it 
bestowed upon them by the king or queen for some distin- 
guished service in war or letters or in the affairs of State 
or Church. In all monarchies certain persons enjoy special 
privileges denied to others. The idea behind such distinc- 
tion is that only a few persons are capable of sharing in the 
management of the government. 

A republic is a government by representatives chosen 
by the people. It is sometimes called a government by 
laws. These laws are made by representatives chosen by 
the people, and are enforced by officers chosen by the peo- 
ple, or appointed by other officers who have themselves 
been chosen by the people. The people are the source of 
all power in a republic. Whatever power the government 
has, has been given it by them. They can, in an orderlv 
and prescribed way, lessen or increase that power when 
they choose. Their laws do not divide the people into 
classes. No one has inherited a title or special privile^ee 
from an ancestor. All persons are equal before the law. 



4 CIVIL GOVERNMENT OF THE UNITED STATES. 

The laws are attempted to be framed so as to give all per- 
sons an equal chance to pursue whatever useful occupation 
they may wish. In intelligence, in manhood, in abilities, in 
social position they may be very unequal. But their les^al 
rights are the same. The United States presents the best 
example of a republic ever known. France and Brazil also 
have a republican government, but less perfect than ours. 

A government directly by the people would be a pure 
democracy. In such a government all the people would 
come together in general council and enact laws, and in the 
same way enforce them. But in a country of extensive ter- 
ritory and a large population this would be impossible. A 
republican form of government, therefore, wdiere laws are 
enacted and enforced by representatives chosen by the 
people, is the fairest and fullest expression of popular will. 

3. The Progress of Government. — Through all the 
ages the people contended with their kings for a greater 
share in government. Enlightened men dislike to have all 
power vested in one man or a few men. They are fond 
of self-government or a government of their own fashion- 
ing. But among most nations in early times all authority 
was lodged in one person, and the people enjoyed only 
such powers as he chose to give them or as they forced 
him to yield to them. As the people have become stronger 
and more capable of self-government, they have forced 
their kings to permit them to share more and more in the 
affairs and authority of government, or have replaced them 
with officers of their own selection. This has been the 
contest of all the past. It has been an issue between de- 
mocracy and imperialism, and democracy has gradually 
won, and now in all enlightened nations the people — the 



GENERAL rRINClPLES. 5 

whole people — are more and more admitted to l)e the right- 
ful source of governmental authority. If they are to exer- 
cise such exalted powers they must be wise, and educated, 
and just, and virtuous. 

4. Whence Come Its Powers. — The Declaration of In- 
dependence further declares that governments derive "their 
just powers from the consent of the governed." This is 
an underlying principle in America. Governments here are 
creations of the people. They have no authority which thev 
do not derive from the people. They are established and 
maintained by the people for their own good. This consent 
is found in the laws of the land. The laws have been made 
by lawmakers chosen by the people, and the people are 
bound to submit to the laws so made until repealed by the 
same law-making body, or declared by the courts to be in 
conflict with their Constitution. 

5. What Consent Means. — But "consent of the gov- 
erned" does not mean that men can refuse to have any 
government at all. Government is necessary for the happi- 
ness of mankind. It docs not mean that every man must 
consent before the government can exercise any authoritv. 
The consent of every man could never be obtained. It 
means that the government is the kind that the great mass 
of the people have established for themselves. It means 
that the laws passed and enforced are, for the time being, 
the expressions of their will, and being such, it is the duty 
of all men to yield to its authority, and support its institu- 
tions. 



O CIVIL GOVERNMENT OF THE UNITED STATES. 

Questions on Chapter I. 

1. What does the Declaration of Independence say govern- 
ments are for? (i) 

2. What would be the result of no government? (i) 

3. Into what two great classes are governments divided? (2) 

4. What is an absolute monarchy? (2) 

5. A limited monarchy? (2) 

6. -An oligarchy? (2) 

7. An aristocracy? (2) 

8. What is characteristic of all monarchies? (2) 

9. What is a republic? (2) 

10. What would be a pure democracy? (2) 

11. What conflict has progressed through the ages? (3) 

12. Whence come the just powers of government? (4) 

13. Why is government maintained? (4) 

14. In what way is the consent of the people expressed? (4) 

15. What does "consent of the governed" not mean? (5) 

16. What does it mean? (5) 

17. What is the dyty of all men? (5) 



CHAPTER II. 

-CHARTER AND COLONIAL GOVERNMENTS. 

6. Government a Development. — We will the better 
understand our government as it is to-day, if we trace its 
origin and development. Was onr government the inven- 
tion of a few men who met in Philadelphia and in less than 
five months evolved out of their own minds a constitution 
unlike any that ever existed before, and under which, with 
but few material changes therein, the United States have 
grown from about three and a half million of people to over 
eighty million and have become one of the great nations 
of the world? No. Government is a growth. It is a de- 
velopment, a result of forces that have small beginnings 
but which work on and on, sometimes through centuries 
and even thousands of years. Constitutions are a growth, 
as well. "Through all the ages," from the time the first 
English settlers started to America in pursuit of civil and 
religious liberty, "one increasing purpose runs," and that 
purpose has been to establish and maintain a government 
which would make sure and permanent the civil and re- 
ligious liberties of the people. In tracing that growth w^e 
will see how our republican form of government has grad- 
ually unfolded ; how it began in small concessions from the 
kings, and how the people as they seized hold of each con- 



*NOTK. — In this chapter the author has followed closely the plan of 
•Tohn Fiske in his excellent "Civil Government of the United States," pub- 
lished by Houghton, Miffin & Co., Boston. 

(7) 



8 CIVIL GOVERNMENT OF THE UNITED STATES. 

ceded right more and more came to consider themselves 
the source of all governmental power. 

7. The Charters. — The germ of a w^ritten constitution 
existed a long time ago. We are indebted to the ancient 
Romans for it. It originated in a custom among them of 
regulating things by contracts. In this country business 
and all the affairs of life are regulated by contracts or 
agreements, but we owe that idea to the Romans. "It 
was after they had become thoroughly familiar with the 
idea of a contract," says the learned John Fiske, "that the 
practice grew up of granting written charters to towns or 
other corporate bodies." These charters were a kind of 
contract. For a certain amount of money to be paid or a 
certain number of soldiers or ships to be furnished, or for 
some other valuable thing, certain privilges or liberties 
were granted to the town by the king or feudal lord. What 
he granted to the town or company he expressed in a writ- 
ten paper, signed by himself, called a charter. The people 
sometimes called them "the title-deeds of their liberties." 
From the idea behind these town charters came the Magna 
Charta — the Great Charter — of English liberty, in 121 5, in 
which King John was forced to grant "to an accused the 
right to a trial by a jury of his own peers" and to concede 
to his barons many other privileges and liberties. From 
these town charters, also, came the idea which in later 
times prevailed in England for nearly two hundred years 
of granting to settlements in the New World certain privi- 
leges. A charter then came to mean "a grant made by the 
sovereign either to the whole people or to a portion of them, 
securing to them the enjoyment of certain rights." 



CHARTER AND COLONIAL GOVERNMENTS. 9 

8. The First Charter. — In 1606 two ^reat joint stock 
companies were organized in England, the London Com- 
])any and the Plymouth Company, for the purpose of estab- 
lishing settlements in North America. To the London Com- 
pany the king, James L, granted the coast between latitude 
34° and 38° north, or between the southeastern corner of 
what is now North Carolina and the mouth of the Potomac. 
The grant was to include all the territory between these 
two latitudes westward to the Pacific ocean. It therefore 
was a belt or zone four degrees wide from sea to sea. To 
the Plymouth Company he granted the coast between lati- 
tude 41° and 45°, or from about the site of the present citv 
of New York to the southern boundary of New Brunswick. 
It, too, included all the territory from the Atlantic to the 
Pacific. The zone which lay between these two was open 
to both companies, with the provision that neither should 
make a settlement within 100 miles of one already made by 
the other. To these companies the king gave one charter, in 
which he declared "that all persons, being our subjects, which 
shall go and inhabit within the said territory, and their children 
and posterity which shall happen to be born within any of the 
limits thereof, shall have and enjoy all liberties, franchises and 
immunities of free denizens and natural subjects within any of 
our other dominions, to all intents and purposes as if they had 
been abiding and born within our realm of England." By this 
charter persons born within ajiy of the three zones were given 
the same political rights as English freemen born in England. 
Upon these rights the colonists in America ever afterwards 
insisted, and when George III., in 1765-1775, undertook 
to take those rights from them, they went to war with him. 



10 CIVIL GOVERN MliNT OF THE UNITED STATES. 

9. The Settlement in Virginia. — The first settlement 
was made by the London Company, and in the lower belt, 
on the James river in Virginia, in 1607, and as the charter 
"guaranteed to them the same privileges as were enjoyed by 
freemen of England, trial by jury was secured to the colo- 
nists and lands descended in Virginia as they did in Eng- 
land, that is, to the oldest son. In 1619, the colonists in 
Virginia obtained a modification of their charter by which 
a representative government was, in part, secured. By 
the terms of the charter the London Company was to be 
controlled by a council in England appointed by the king, 
and these in turn appointed a governor for the colony and 
a council of thirteen to reside in the colony, and now by 
this amendment was added a general assembly composed of 
two burgesses from each settlement or borough, elected by 
the inhabitants. The people supposed they were found- 
ing towns, and so they called each member of their assem- 
bly a burgess, that is, a representative of a borough, and 
they called the general assembly of their representatives the 
House of Burgesses, but as the years went by and no im- 
portant towns were built, but the inhabitants became more 
and more planters or farmers, counties were organized, 
and thereafter the burgesses sat for counties. Nevertheless, 
the name of their assembly continued to be known as the 
House of Burgesses until a new code of laws was estab- 
lished during the Revolutionary war. It was a truly rep- 
resentative body, and the first legislative body that ever sat 
in America, its first session being at Jamestown, July 30, 
1 619. It controlled the expenditure of public money raised 
by taxation, and determined the amount of general taxes to 
be annually raised for the colony. It was the lower house 



CHARTER AND COLONIAL GOVERNMENTS. 11 

of the legislative assembly. "The GGvcrnor always had a 
council to advise with him and assist him in the execution 
of his duties, in imitation of the King's Privy Council in 
England, and this council took part in the work of legisla- 
tion, and thus sat as an upper house, with more or less 
power of amending the acts" of the House of Burgesses, 
and it and the governor were considered as representing 
the king and as expressing his wishes, and hence his will 
was always potent, but nevertheless the burgesses never 
ceased to insist on the terms of their charter which gave 
them the same political privileges and liberties Englishmen 
enjoyed at home. It is necessary to note that the Council 
w^as never elected by the people, but after a time was ap- 
poined by the Governor ; and that the Governor was at 
first appointed by the London Company, but later by the 
king, and hence, thereafter Virginia was called a ''Crown 
Colony," since the Governor and Council were supposed to 
speak the will of the crown or king of England. 

10. In Massachusetts. — The next settlement was in 
Massachusetts, in the northern zone, and its colonial gov- 
ernment was also organized in part under the charter 
granted to the London and Plymouth companies, but more 
largely under a charter granted in 1629 to the "Governor 
and Company of Massachusetts Bay in New England." The 
freemen of this company were to hold a meeting four times 
a year and were empowered to elect a governor and a 
council of eighteen assistants, who were to hold their meet- 
ings each month. Although the company was organized in 
London, nothing was said as to the place where these meet- 
ings were to be held, and "accordingly after a few months 
the company transferred itself and its charter to New Eng- 



12 CIVIL GOVERN]\TENT OF THE UNITED STATES. 

land, in order that it might carry out its intentions with as 
little interference as possible on the part of the king-." After 
their arrival in Massachusetts the number of freemen in- 
creased so fast that it was impossible to have a primary 
assembly of all the freemen, and so the freemen of each town 
or township chose representatives to act for them, and a 
representative assembly was thus originated. These rep- 
resentatives were called Deputies. They did not sit for 
counties, as in Virg-inia, but for towns or townships, and so 
from that day to this the "town meeting" has been an im- 
portant part of New England government. These Deputies 
at first sat in the same chamber with the Council of Assist- 
ants and with them constituted the legislative body, but in 
1644 the legislature was divided into two chambers, the 
Deputies forming the lower house, while the Assistants, 
who were also called Magistrates, composed the upper 
house. This legislative body was called the General Court, 
a name the legislature of Massachusetts bears to this day. 
It was at first not only the legislative and governing body, 
but the highest judicial body of the colony, and hence the 
reason for calling it the General Court. 

It will be seen that this government was practically an 
independent republic. The freemen elected their Governor 
and their Deputies, and the Magistrates were nominated 
])y the General Court and chosen by the people. A people 
who can make laws for themselves are independent, and if 
those laws are made by representatives, chosen by them- 
selves, and enforced by governors, also chosen by them- 
selves, their government is a republic. In Massachusetts the 
king could impose no effective checks upon the legislature 
except by repealing the charter, or by appointing a Governor 



CHARTER AND COLONIAL GOVERNMENTS. 1 3 

and Council himself, and backing them up with an army 
if resisted. Those things he often threatened to do, and 
both he did fifty or sixty years after the charter to the Mas- 
sachusetts Bay Company had been granted, for the General 
Court permitted only members of the Puritan or Congrega- 
tional Church to vote, a thing very distasteful to the king. So 
in 1684 he annulled the charter, and placed the colony under 
a military viceroy, but eight years later, or in 1692, a new 
charter was sent over, under which the people were allowed 
to elect representatives to the General Court, as l^efore, but 
the Governor thereafter was to be appointed by the king, 
and all acts of the General Court were to be sent to the 
king for his approval. Thus the government of Massa- 
chusetts became similar to that of Virginia, and remained 
so down to the Revolution, and hence both of these great 
colonies were thereafter known as "Crown Colonies," be- 
cause they were under the king's immediate control. But 
in no crown colony, or in any other, were the people ever 
taxed to support the king or the English government. In 
all the colonies taxes originated with the assemblies chosen 
by the people, and those assemblies determined how those 
taxes should be expended. 

New Hampshire, which at the first was practically a 
part of Massachusetts, was in 1679 made a crown colony. 

11. Proprietary Colonies. — In 1624 the subservient 
courts of England at the request of the king annulled the 
charter of the London Company, and in 1635 the Plymouth 
Company surrendered its charter. This proved the down- 
fall of those companies, and .after that the king gave lands 
in America, especially those lying within the middle zone. 



14 CIVIL GOVERNMENT OF THE UNITED STATES. 

to his favorites. He thus gave Maryland to Lord Baltimore, 
and Pennsylvania and Delaw^are to William Penn. 

The charter of Maryland invested Lord Baltimore with 
very extensive privileges and powers over the land and 
colonists. He ''was made absolute lord of the land and 
waters, could erect towns, cities and ports, make war or 
peace, levy tolls and duties, establish courts, appoint judges 
and other civil officers, and pardon offenders."' But he 
could make laws only ''with the assent of the freemen of the 
province." For this extensive grant he was to pay the king 
a small tribute — two Indian arrows yearly and one-fifth the 
gold and silver mined. And the king further bound himself 
and his successors to lay no taxes or customs upon the peo- 
ple of the province. He gave Baltimore the title of Lord 
Proprietary of Maryland, and this title and these powers 
were made hereditary in his family. The government was 
carried on by a governor and a legislature of two houses. 
The lord proprietary appointed the governor and the mem- 
bers of the upper house, but the members of the lower 
house here, as in Virginia and Massachusetts, were chosen 
by the people, "and in accordance with the time-honored 
English custom all taxation must originate in this lower 
house." 

The proprietary government of Penns3dvania was some- 
what similar to Maryland's. Penn was the lord proprietary, 
and the office was hereditary in the Penn family, and this 
officer appointed one governor for both Pennsylvania and 
Delaware, but^each had its own legislature chosen by the 
people. This legislature had only one house. The council, 
which was appointed by the proprietary lord, advised the 



CHARTER AND COLONIAL GOVERN MLNTS. 15 

governor and aided him in governing the province, but took 
no part in legislation. 

These two colonies were called proprietary colonies be- 
cause the lands were granted, not to a company or the set- 
tlers, but to a feudal lord, who appointed their governors 
and exercised almost kingly authority over them. 

12. New York and New Jersey.— There were also 
other crown colonies besides Virginia, Massachusetts and 
New Hampshire. The principal ones were New York, New 
Jersey, the Carolinas and Georgia. New Netherland was 
first settled by the Dutch, but in 1664 the English conquered 
it from them, and the king of England granted it to his 
brother, the Duke of York, and thus it became a proprietary 
colony, and took the name of New York, but in 1685 this 
same duke ascended the throne as James II., and so New 
York thereby became a crown colony, its governors from 
that time on being appointed by the king. The English had 
also conquered from the Dutch the country lying between 
the Hudson and Delaware, and it too was granted to the 
Duke of York, who in turn granted it to two of his friends, 
Berkeley and Carteret, and thus marked off the colony of 
New Jersey. It thus became for a time a proprietary colony, 
sometimes under one government, sometimes divided be- 
tween two, but in 1702 the rights of the lords proprietary 
were surrendered to the crown, and thereafter New Jersey 
was a crown colony. 

13. In the Carolinas and Georgia.— The provinces of 
North and South Carolina and Georgia were carved out 
of territory once embraced within Virginia. There were 
among their settlers, especially in South Carolina, some 



i6 CIVIL GOVERNMENT OF THE UNITED STATES. 

French Huguenots, but the government of all the provinces 
w^as English. At first this was proprietary, but proprietary 
governments were not popular in America. The proprie- 
tary lords usually resided in England, and visited their 
colonies but seldom. They looked upon them as sources of 
personal income, and so long as the amounts demanded 
were peaceably paid they took little interest in the settlers 
or their afifairs. They often appointed worthless favorites 
to office in the colonies for whose support the colonists 
were taxed, and this became a source of constant contention 
between the inhabitants and their lords proprietary. So 
these proprietary charters were after awhile surrendered to 
the king, and these colonies then took on the form of gov- 
ernment which Virginia had. That is, their governors were 
appointed by the king, and hence they too became crown 
colonies. But there was yet another kind. 

14. The Republican Colonies. — Connecticut and Rhode 
Island were early settled by persons from Massachusetts, 
and it was very natural that their governments were like 
that of Massachusetts, as those of the Carolinas were similar 
to that of Virginia. There the governors, councils and 
assemblies were elected by the people just as they had been 
by the freemen of each township in the early days of Massa- 
chusetts. Thus they made their own governments, and in 
1662 these were confirmed by charters from the king and 
these charters were never repealed, but so thoroughly re- 
publican were these governments, that they remained un- 
changed until long after the Revolution. 

15. Marked Features of Colonial Governments. — Thus 
we have set forth the three kinds of government that ob- 



CHARTKK AND COLON J AL GO\'l£RN Ml-.X'i S. I7 

taincd for all the years before the Revolution amonii^ the 
thirteen colonies that first formed the United' States of 
America. These were, first, crown colonies, whose gov- 
ernors the king appointed, and whose laws were subject to 
his approval, although enacted by a legislature chosen by 
the people ; second, proprietary colonies, whose governors 
and councils were appointed by a hereditary lord, but whose 
laws were enacted by legislatures chosen by the people ; 
and, third, republican colonies, whose governors, councilors 
and legislators were chosen by the people. The govern- 
ments of all of these existed under charters from the kin<?-. 
and those charters always fixed a boundary to the king's 
authority, and also to the people's rights. We will see 
further on how the people of the various colonies enlarged 
the governments which had grown up under these charters 
into independent States existing under written constitu- 
tions, and then organized these States into a nation called 
the United States of America. 

Questions on Chapter II, 

1. Is government an invention or a development? (6) 

2. What purpose runs through American history? (6) 

3. In what did written constitutions originate? (7) 

4. Who granted charters and what for? (7) 

5. What did a charter come to mean? (7) 

6. To what companies were the first American charters 
granted? (8) 

7. What did- he grant the London Company? (8) 

8. What did he grant the Plymouth Company? (8) 

9. What about the zone lying between these two? (8) 

10. What guaranty did this charter contain? (8) 

11. What rights did America obtain by that charter? (8) 

12. What was the first settlement? (9) 

13. What two things were secured through their charter? (9) 

14. How was Virginia to be governed under their charter? (9) 

2 



i8 cix'iL governjmeni of the united states. 

15. What great privilege came as a result of a moditication of 
the charter? (9) 

16. Why did the people call their assembly the House of Bur- 
gesses? (9) 

17. How long did the House of Burgesses last? (9) 

18. What was the House of Burgesses? (9) 

19. What did it always control and determine? (9) 

20. Where was the next settlement? (10) 

21. Under what charter? (10) 

22. How were the governor and council chosen? (10) 

23. Why did they abandon their primary assembly? (10) 

24. W^hat is said about a democracy in section 2? (2) 

25. What did the JMassachusetts freemen substitute for their 
primary assembly? (10) 

26. What did the deputies represent? (10) 
2"/. What is said about town meetings? (10) 

28. How was the legislature divided? (10) 

29. What was it called and why? (10) 

30. How were the deputies, assistants and governor elected? 
(10) 

31. What kind of government was this? (10) 

32. How could the king thwart the legislature? (10) 
Z2)- What changes did the new charter make? (10) 

34. What kind of colony did Massachusetts now become? (10) 

35. What were the proprietary colonies? (11) 

36. What powers did the king give to Baltimore? (11) 

Zy. How was the Maryland legislature composed and chosen? 
(II) 

38. Where did taxes originate in Maryland? (11) 

39. What is said of Pennsylvania and Delaware? (11) 

40. Why were these called proprietary colonies? (11) 

41. What other crowii colonies were there? (12) 

42. What is said of New York? of New Jersey? (12) 

43. Of Georgia and the Carolinas? (13) 

44. What was the character of their government and what is 
said of lords proprietary? (13) 

45. Describe the republican colonies. (14) 

46. State the difference between the three classes of colonies. 
(15) 

47. What purpose did the charter serve? (15) 

48. Into what were charter governments enlarged? (15) 



CHAPTER III. 

THE RISE OF THE AMERICAN STATES AND THE 

UNION. 

16. The Breaking Up of Colonial Governments. — In 

each of the colonies the people were taxed for the sup- 
port of the colony's government, and the assemblies chosen 
by them had almost from the beginning determined how 
much that tax should be. They would not permit their 
governors or their king to determine the amount of their 
taxes. They claimed that no taxes could be imposed on 
English freemen anywhere except such as were approved 
by their representatives. No colony had ever had a repre- 
sentative in Parliament, and hence the colonies always in- 
sisted that Parliament had no right to impose taxes on 
them. "Taxation without representation is intolerable and 
unjust," they said; and this claim of the colonies went un- 
disputed until about 1765, and then when Parliament began 
to pass laws taxing them, their assemblies disputed its au- 
thority and called on the people not to pay them. Thus 
began a contest over the power of Parliament to tax the 
colonies which lasted for ten years and culminated in the 
Revolutionary war. 

In Virginia and Massachusetts the action of the assem- 
blies in disputing Parliament's right to tax the colonies and 
to force them by arms to yield to its authority, brought 
down on them the resentment of their governors, who re- 
taliated by dissolving the assemblies. "During the few 

(19) 



20 CIVIL GOVERNMENT OE THE UNITED STATES. 

years preceding the Revolution, the assemblies were so 
often dissolved by the governors that it became necessary 
for the people to devise some new^ way of getting their rep- 
resentatives together to act for the colonies." These assem- 
blies at first were called conventions. Through them in time 
the people established new legislatures of their own, and in 
the end complete governments of their own. The way this 
was done will be illustrated by setting forth what went on 
in Virginia. 

17. Provisional Governments. — When the House of 
Burgesses passed resolutions making the cause of Massa- 
chusetts their own, and calling on all the colonies to do the 
same, the governors dissolved the Assembly. A few of the 
bolder members, like Thomas Jefferson, Patrick Henry and 
Richard Henry Lee, immediately met at a hotel and agreed 
upon a line of action, and having made that known they 
were promptly re-elected Burgesses by the people. On re- 
assembling, the House of Burgesses was again dissolved by 
the governor for taking action in defiance of the king. These 
same patriots, now joined by others, again assembled at the 
hotel and again agreed upon a line of action for the colony. 
They called on all the counties to send delegates to a con- 
vention to be held in Williamsburg. They did so and that 
convention proceeded to elect delegates to a Continental 
Congress to be held in Philadelphia, in September, 1774. 
The next spring the Governor, Lord Dunmore, was, by an 
armed force under Patrick Henry, driven from his palace^ 
and took refuge on a man-of-war, having, however, before 
his flight convened the House of Burgesses which, after 
having called another session of the convention and thereby 
lent authority to its existence, adjourned in July, 1775, and 



TJIK RISE OF THE AMERICAN STATES. 21 

this was the end of the House of Burgesses. It never after- 
wards held another session. The convention called by it 
appointed a "Committee of Safety," consisting of eleven dis- 
tinguished men, to take charge of the executive affairs of 
the colony. Dunmore, after being defeated in battle, re- 
turned to England, and so the convention at its next session 
in May adopted a bill of rights and a written constitution — 
the first adopted in America. This constitution provided 
for: (i) a legislative body consisting of a house of delegates 
and a senate, to be elected by the owners of land ; (2) a gov- 
ernor, to be chosen by the legislative body ; (3) a council 
of eight members to be also chosen in the same way ; and 
(4) trial courts and an appellate court, to be chosen by the 
Assembly. Patrick Henry was chosen the first governor. 
Thus Virginia became an independent republic. There 
were no more governors appointed by the king. Henceforth, 
the people would govern themselves, under a constitution and 
laws of their own making. 

18. The Rise of The States.— In Massachusetts, New 
York and other crown colonies the royal governors were put 
aside in much the same way as in Virginia. Committees of 
safety were appointed to manage the affairs of the colony 
until a convention chosen by the people met and framed a 
written constitution, under which the people chose their 
own legislature and governors and provided for their own 
courts. The word "colony" now disappeared. Each began to 
call itself a "State" or "Commonwealth," and from that 
time on they have been so designated. An independent re- 
public is not a colony ; it is either a commonwealth or a 
state. 



22 CIVIL GOVERNMENT OF THE UNITED STATES. 

19. The Formation of the Union. — But the successful 
breaking away of the colonies from the dominion of the 
king, left each free to go its own way. There was no central 
authority to bind and hold them together. Each was free 
to defy the king single-handed and alone, and to try to 
make a separate nation of itself, absolutel}^ independent of 
all the other colonies and of all the rest of the world ; or it 
could if the other colonies were willing unite with them in 
winning their independence and in a permanent union. The 
colonies were quick to see that they could succeed in their 
war only by uniting. Their interests were the same, their 
grievances much the same, their inhabitants very much 
alike in speech, religion, blood and love of liberty. "United 
we stand, divided we f^ll," they said. The same men who 
led the people into resisting the king and Parliament also 
led them towards forming a union. 

20. The First Attempt. — 'Tn 1754, just as the final 
struggle between the English and the French in America was 
beginning, Benjamin Franklin brought forward his famous 
plan for a federal union ; and this plan was laid before a 
congress held in Albany for renewing an alliance with the 
Six Nations of Indians." Only seven colonies were repre- 
sented in this congress. This is the first time the word 
''Congress" was applied to any American body, and this 
was the first attempt at federation. 

21. The Colonial Congress. — In Boston soon after 
Parliament had passed the hateful Stamp Act in 1765, it 
was proposed, under the lead of James Otis, that a general 
congress of all the colonies be held in New York to be com- 
posed of delegates from each colony chosen without leave 
of the king. South Carolina was the first to respond to that 



TlIK RISE OF THE AMERICAN STATES. 23 

call. In response to it there was held in New York on Octo- 
ber 7, 1765, what has since been known, for want of a better 
name, as the Colonial Congress. It met before some of the 
colonies received notice of the call, but nevertheless dele- 
gates from nine colonies were present. Nothing, however, 
was done beyond the drawing- up of a declaration of ri^^hts 
in which it was declared that the American colonies would 
not consent to be taxed except by their own representatives 

22. The Continental Congress. — In the sprin^^ of 1773, 
the Virg^inia House of Burgesses, "sensible that 'the most urgent 
of all measures was that of coming to an understanding with 
all the colonies, to consider the British claims as a common 
cause, and to produce a unity of action," devised a plan for 
"Committees of Correspondence" between the colonies. Out 
of this action grew the Continental Congress. A "committee 
of correspondence," of which Peyton Randolph, the Speaker 
of the Burgesses, was chairman, was appointed, which pre- 
pared a circular letter to the speakers of the assemblies of the 
other colonies. The other colonies eagerly fell in with the 
plan, and thus each legislative body was kept constantly in- 
formed of what was going on in all the other colonies. United 
action was the result. From that time on the colonies more 
and more acted together. In the spring of 1774, Parlia- 
ment undertook to shut up the Boston port, revoked the charter 
of Massachusetts, and forbade the meeting of its General Court. 
In Virginia the leading patriots determined to "stand in line 
with Massachusetts," and their committee of correspondence 
proposed to the like committees in the other colonies, "to 
appoint deputies to meet in Congress annually, at such place 
as should be convenient." The other colonies acceded to the 
plan, and Philadelphia was chosen as the place, and September 



24 CRIL GOVERNMENT OF THE UNITED STATES. 

5, 1774, as the time. Every colony except two was represented. 
This Cong-ress met again in May, 1775, and organized the 
"Continental Army" and elected George Washington its com- 
mander. This Congress was called "continental" to distinguish 
it from "provincial congresses" which had lately been held in 
several of the colonies. It was not a parliament ; it was a con- 
gress, that is, an assembly composed of delegates of the States : 
for Thomas Jefferson tells us that they came with "instructions 
very temperately and properly expressed," which had been 
given them by the conventions choosing them. After its 
session in May, 1775, to which all the colonies sent delegates, 
the Continental Congress became a continuous body until it 
became apparent that the new Constitution providing for the 
Congress now existing in Washington would be adopted, and 
then in 1788 it went out of existence, having died of old age. 

23. Independence. — On July 4, 1776, the Continental 
Congress proclaimed the Declaration of Independence, in which 
it declared that all political connection between "these United 
Colonies" and "Great Britain is and ought to be totally dis- 
solved." This declaration would be made good if the colonies 
won the war then waging. If they won, they would in fact 
be "free and independent States." They did win, and hence 
"all political connection" with Great Britain was at an end. 

24. National Unity. — That political connection had 
given them a national unity. They had all been American colo- 
nies in subjection to the English king, and his admitted au- 
thority over each had been the tie that bound them together as 
a part of a great nation. But that bond was now broken, 
that authority they had thrown ofif, and now they had no 
"political connection" with any other nation or with each other. 
They were much alike, they had locked arms and were now 



THK RISE OF Tl 1 R AMERICAN UNION. 25 

fighting' their common king, and meant to live under laws of 
their own making, but they were not united into a nation. 
They were not only "free and independent states," but thev 
were independent of each other, separate from each other. They 
had come together in Continental Congress for the purpose oi 
fighting the war. That alone made their united efforts a mere 
league which could be dissolved when- the war was over. But 
if they were to become a nation they must unite with each 
other permanently, must form a political bond that would 
bind them together, not only for the war, but for all time. 
They, therefore, undertook to form a "perpetual union be- 
tween the States," but they were long in doing it. They tried 
it through two written constitutions. The first was the Ar- 
ticles of Confederation. 

25. The Articles of Confederation. — Four days after 
the committee was appointed to prepare the Declaration of 
Independence, another was named to frame "articles of con- 
federation and perpetual union" between the thirteen States, 
but it was November 15, 1777, before the Continental Congress 
agreed upon what those articles should contain. They were 
to be binding on all the States when the legislative assembly 
of each of the thirteen authorized its delegates in Congress 
to sign the articles on behalf of their State. This was not 
done until the first of March, 1781, and even then it was 
found that "the perpetual union" the articles provided for 
was a rope of sand. They created a mere confederacy between 
the States and not a real government. 

■ They provided for a Congress to consist of one house and 
to be composed of not more than seven nor less than two mem- 
bers from each State, to be annually chosen as the legislature 
thereof should direct. But the delegates voted by States and 



26 CIN'IL GOVERNMENT OF THE UNITED STATES. 

not as individuals, that is, each State had one vote, and it 
took the vote of nine States to enact a law or pass a bill. They 
provided for no President, but for only a "Committee of the 
States," to consist of one member from each State, to act for 
the Confederacy during the recesses of Congress. The Con- 
gress had no authority to levy taxes or impost duties. Money 
to carry on the war and to pay the other expenses of the Con- 
federacy was to be furnished by the several States, in pro- 
portion to the amount of land sold or surveyed for private 
persons within each State. The Congress determined each 
State's share, and the legislature thereof was required to 
levy a tax on its inhabitants for that amount, but if a State 
refused to make the levy the Congress had no way to punish it 
or to collect the tax. The Congress was given power to enact 
laws on many subjects, but if these were violated the Confed- 
eracy had no power to punish the violators, for the articles pro- 
vided for no courts. The Congress had contracted a very large 
debt to carry on the war, and when it called on the States to 
furnish it money to pay these, several of them refused, and it 
was without power to compel them to do so. Therefore, an 
amendment was proposed, which would give Congress author- 
ity to impose an impost or tariff tax of five per cent. But the 
Articles themselves provided that they could be amended only 
by the vote of every State, and Rhode Island held back. So 
the Congress became a thing without power. It was not a 
sovereign, for no government is a sovereignty that cannot raise 
taxes for its own support. It could not pay its debts, and had 
no authority to force the collection of money for any purpose, 
and no authority to punish any State which failed to keep 
faith with the rest. The "Continental" money which it issued 
became practically worthless, and the authority of the Con- 



THE RISE OF THE AMERICAN UNION. 2/ 

federacy was sneered at and derided on every hand. Its 
power began to wane immediately on the restoration of peace, 
and continued to do so until it began to look as if the union, 
which the Articles had said should be perpetual, should fall to 
])icces. 

26. A Second Constitution Is Framed.— It was ap- 
parent that a new Constitution must be framed or a union of 
the States abandoned. As a result, an attempt to "form a more 
perfect union" was begun. In addition to the utter failure of 
the Confederacy and the attempt to amend and patch up the 
Articles of Confederation, two or three other things united to 
hasten on that attempt and to fasten public attention on the 
necessity of a union strong enough to stand alone. 

The iirst of these was the Shays Rebellion in Massachu- 
setts in the fall of 1786. That State as a result of the war was 
heavily in debt, as all the others were, and the taxes it levied 
on land were excessive, and the homes of the people were bein^ 
sold, under orders of the courts, not only to pay taxes, but 
their private debts as well. Daniel Shays, late a captain in 
the Continental Army, rallied a large number of farmers and 
citizens of small means in the western part of the State, and 
openly defied the laws and resisted the authority of the courts. 
For some time neither the sherifif nor the governor was strong 
enough to put down these rebels, and their success alarmed 
the friends of order throughout the land and hastened on the 
movement for a real union. 

The other was a conflict in the tariff laws made by the 
several colonies. Under the Articles of Confederation each 
State could levy such impost duties as it pleased upon goods 
shipped to it directly from foreign countries, but could not 
impose any duties upon goods shipped to it from other States. 



2» CIVIL GOVERNMENT OF THE UNITED STATES. 

Virginia laid duties on certain articles, but Maryland did not. 
So it came about that goods were landed in Maryland free 
of duty, and then sent across the Potomac or Chesapeake into 
Virginia, free of duty again, because now they came from a 
sister State. Thus the tariff laws of Virginia were dodged 
and made inoperative. To remedy this condition, the legisla- 
tures of both States in 1785 appointed commissioners to meet 
and adjust their mutual rights. But when these came together 
it was found that a similar condition might arise at any time 
between Pennsylvania, Delaware and New Jersey, and there- 
fore one of them, James Madison, who had for some time 
been planning for a convention to devise a new scheme of 
union, induced the commissioners to agree to ask their re- 
spective legislatures to invite these three States to also send 
commissioners to a convention to be held in Annapolis in Sep- 
tember, 1786. But when Madison returned home he induced 
Virginia to extend the invitation so as to include all the States. 
Alexander Hamilton also stirred up New York to send dele- 
gates also, but before the time came for the convention Marv- 
land drew back. The convention was held at Annapolis at 
the appointed time, but there were delegates present from only 
five States, Virginia, New York, New Jersey, Pennsylvania 
and Delaware. They did little except to formally recommend 
to all the States to send delegates to another convention to be 
held in Philadelphia in May, 1787, to "devise such measures 
as would render the Articles of Confederation adequate to the 
exigencies of the Union." 

And now George Washington steps forward again in be- 
half of his country. In an autograph letter to Madison he ex- 
pressed the earnest wish that "Virginia would take the lead in 
promoting the great and arduous work of reconstruction." 



THE RISE OF THE AMERICAN UNION. 29 

"When Virginia lifted the golden roll of her delegates" and 
showed the name of George Washington at the head of the 
column, the whole country thrilled with joy. Pennsylvania 
headed her list with the name of the great Benjamin Franklin, 
and New York sent Hamilton, When the convention met in 
I\Iay, 1787, there were 55 delegates present from 12 States, 
Rhode Island alone holding aloof. George Washington was 
elected president, and his name appears upon the Constitution 
it framed as its first signer. This convention, known ever 
afterwards as the Constitutional Convention, represented the 
wealth, the education, the conservatism and the patriotism of 
the States. Possibly nO' abler or wiser body of men ever met 
in legislative council in the wide world. The local jealousies 
and the conflicting interests of the several States contended 
with each other, and the fear that a government might be 
formed which would become an unmanageable tyrant made the 
delegates hesitant and cautious. Often they were on the point 
of dissolving without having come to any understanding, but 
then, as at all other times, their good sense and patriotism 
prevailed, and before adjournment they framed a 'constitution 
which has since been the inspiration and admiration of libertv- 
loving men everywhere. They were wiser than they knew. 
The federal Union formally inaugurated as a result of their 
work, has become the mightiest nation in the world, and yet, 
although there have been fifteen amendments, there has reallv 
been no fundamental change in the Constitution they framed 
even to this day, nor does there seem to be any need for any. 

27. How the Constitution Was Framed. — James Madi- 
son has justly been called the "Father of the Constitution," 
for it was largely written by him, but all the delegates had 
some part in framing it, notably Edmund Randolph of Vir- 



30 CIVIL GOVERNMENT OF THE UNITED STATES. 

ginia, Hamilton of New York, Dickinson of New Jersey, James 
Wilson and Franklin of 'Pennsylvania, Charles Pinckney of 
South Carolina and Roger Sherman of Connecticut. The 
Virginia delegates had met in caucus and agreed upon a plan 
of union, and this plan was brought forward on behalf of 
Virginia by Edmund Randolph, afterwards the first Attornev- 
General of the United States. Other delegates, among them 
Charles Pinckney of South Carolina and Alexander Hamilton 
of New York, brought forward other plans, but it was the 
Virginia plan, which had really been written by Madison, that 
became the basis for the instrument finally agreed upon. But 
the convention remained in session until September, and every 
clause in the Virginia plan was considered by sub-committees 
and in the committee of the whole, and many of them were 
stricken out and others substituted in their stead, and others 
modified. So that the instrument as finally submitted for 
ratification cannot be said to be the work of one man, nor of 
one delegation, but of all the delegates and of all the twelve 
States represented. 

28. How Adopted. — The Constitution provided that 
"the ratification of the conventions of nine States shall be 
sufficient for the establishment of this Constitution between 
the States so ratifying it," and March 4, 1789, was fixed as the 
day for commencing the operations of government under it. 
It was meant to supersede the Articles of Confederation. It 
was, therefore, sent by the Constitutional Convention to the 
Continental Congress, eighteen of whose members had been 
members of the convention which framed it. The Continental 
Congress directed it to "be transmitted to the several legisla- 
tures in order to be submitted to a convention of delegates 
chosen in each State by the people thereof." It was thus 



THE RISE OF THE AMI'KICAN TNION. 3I 

really submitted to the people, for in choosing delegates to 
their conventions the people decided between candidates who 
had declared themselves either for or against its adoption. 
Twelve States through their conventions had adopted it b\- 
July 26, 1788. Rhode Island did not adopt it until after 
George Washington had been inaugurated the first President, 
and hence the Government's authority did not extend to that 
State until it had done so. 

The clause establishing the Constitution only "betvv'een 
the States so ratifying it" was its salvation. Without that 
clause it could never have been adopted, and the Union would 
have collapsed. It had been impossible to amend the Articles 
of Confederation, because that instrument required the unani- 
mous consent of all the States, and Rhode Island had declined 
to give its consent, and .now the same State had not only re- 
fused to send delegates to the Constitutional Convention, but 
held back in the ratification of the Constitution until after the 
new government was fairly inaugurated. Besides, it was only 
after a long and painful contest that Virginia and New York 
were brought around to ratify it. Had it required the adoption 
of every State it is likely that several would have rejected it. To 
have declared it in force over all as soon as nine had adopted 
it, would have been unjust to the State refusing its assent and 
would, therefore, also have defeated it. The provision that 
it was not to be considered established until nine States adopted 
it, and then only ''between those so ratifying it," made its 
adoption certain, because it was seen from the beginning that 
as soon as nine ratified it the others would fall into line and do 
the same. 

The fact that the Continental Congress had directed the 
Constitution to be submitted to the States for ratification, shut 



32 CIVIL GOVERNMENT OF THE UNITED STATES. 

off any right on its part to question the authority of the new 
Constitution after it had been adopted. It, therefore, as soon 
as it became apparent that enough States would ratify it to 
establish a government thereunder, adjourned never to meet 
again. 

Thus we have in this and the preceding chapter traced the 
progress of the Americans towards republican government 
from the time the first settlers received their charters from the 
hands of English kings to the adoption of the "Constitution of 
the United States of America." In the succeeding chapters 
will be explained the principal features of that Constitution 
and the various parts of the government. And here it will be 
well to remember that the Union or "political connection" 
which resulted from the adoption of the Constitution was 
formed by those people, and those only, that lived within the 
eleven degrees of latitude mentioned in the first chapter to the 
London and Plymouth Companies, as described in the first 
few sections of the preceding chapter. 

Questions on Chapter III. 

I. On what right did the colonists ever insist? (i6) 

2. What was the effect of trying to tax them? (i6) 

3. What was the effect of their resentment? (16) 

4. After their assembHes were dissohed how did the people 
devise to carry on their governments? (16) 

5. Explain fully the origin of provisional government in Vir- 
ginia. (17) 

6. What were the four distinctive provisions of the Virginia 
Constitution? (17) 

7. What is said of provisional government in other States? 
(18) 

8. By what name did colonies now begin to be called? (18) 

9. What was the effect of breaking away from the king, and 
what the need of union? (19) 

10. What was the first attempt at union? (20) 



RISE OF AMERICAN STATES AND UNION. 33 

11. What is said of the Colonial Congress? (21) 

12. Explain fully the origin and work of the ''Committees of 
Correspondence." (22) 

13. What is said of the Continental Congress? (22) _ 

14. What was the effect of the Declaration of Independence? 
(23) 

15. What had been the tie that bound the colonies together? 

(24) 

16. Wliat did they try to substitute for that "political connec- 
tion?" (24) 

17. What was the first written constitution? (24) 

18. When were they to be binding on all the States? (25) 

19. Did they create union? (25) 

20. Explain fully why they did not. (25) 

21. How did one small State balk the union? (2s) 

22. Why was not the Confederacy a sovereignty? (25) 

23. What was next attempted? (26) 

24. Describe the first cause that hastened on the attempt. (26) 

25. 'Describe each step of the second cause. (26) 

26. What great men figured in the movement? (26) 

27. What did Washington do? (26) 

28. What is said of the Convention's work? (26) 

29. Describe how the Constitution was framed. (27) 

30. How was it ratified? (28) 

31. Did the people have anything to say about its adoption? 
How? (28) 

32. What little clause probably secured its adoption and why? 
(28) 



CHAPTER IV. 

THE FUNDAMENTAL LAW. 

29. The Authority of the Constitution.— The Constitu- 
tion is the fundamental law of the United States. It is the 
supreme law of the land. All laws of Congress or of any 
State in conflict with it are void, and every officer of the 
Union and all important officers of the States are required 
before entering into off'ice to take an oath to support it. Hovv-- 
ever much a new law may be desired by the people, if it is in 
conflict with the Constitution it must fail, and the only way it 
can be enacted so as to be legally enforced is by first changing 
the Constitution itself, which can be done only in the wav 
designated by it. It is a short instrument, covering less than 
twenty pages of an ordinary book, but it states what are the 
powers of the Union over its citizens and over the States, and 
its general duties towards them, and their rights thereunder. 
The Union's powers are, therefore, defined by it, and in return 
for the surrender by the people and the States of these powers 
to the Union, there is imposed on the Union the duty of 
guaranteeing to each State a republican form of government. 
All powers not delegated by it to the Union, nor prohibited 
by it to the States, it declares, are reserved to the States or to 
the people. It is, at once, the charter, the anchor, the high 
tower, of American liberty. 

30. Preamble. — The reason and purposes of the Con- 
stitution are set forth in a few short clauses at its beginning. 
These are called the preamble, and are in these words : "We, 

(34) 



Tllb: FUNDAMENTAL LAW. ' "^5. 

the people of the United States, in order to form a more per- 
fect union, estabhsh justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posteritv, 
do ordain and establish this Constitution for the United States 
of Aineriea:' Different interpretations given to these few 
words have caused the formation of parties, and led to heated 
political contentions. One class of citizens has held that the 
chief duty of government is ''to promote the general welfare," 
and hence has advocated general improvements and the owner- 
ship of canals and railroads by the Government ; another partv 
has contended that "to secure the blessings of liberty to our- 
selves and our posterity" is the real purpose, not only of the 
Union, but of all government. But is is not right to divide 
the preamble. One clause is as binding as another. And the 
same rule applies to the whole Constitution. It is all equally 
binding. 

31. Amendments.— But the Constitution is not exactlv 
as it was when first adopted. It has been changed by addino- 
to it fifteen "amendments." These have the same force and 
effect as the original instrument. They were made a part of 
the Constitution by being proposed by two-thirds of both 
houses of Congress to the legislatures of the several States, 
and by being adopted by at least three-fourths of the legisla- 
tures of the States. 

32. Divisions of the Government. — The Constitution 
provided for a government of three great departments — the 
executive, legislative and the judicial. The judicial depart- 
ment consists of the courts ; the legislative, of Congress ; and 
the executive, of the President. The functions pf each depart- 
ment cannot be fully stated in a few simple words. But in 



36 CIVIL GOVERX.MENT OF THE UNITED STATES. 

general terms it may be said that tlie legislative department 
makes the laws, the judicial interprets them, and the executive 
enforces them as thus interpreted. The three departments 
are necessary for the orderly working of a republican govern- 
ment. 

Questions on Chapter IV. 

1. What is the fundamental law of the land? (29) 

2. Suppose a law is in conflict with the Constitution? (29) 

3. What does the Constitution guarantee to each State? (29) 

4. What powers are reserved? (29) 

5. What is the preamble? (30) 

6. What parts of the Constitution are binding? (30) 

7. How many amendments? (31) 

8. How were these obtained? (31) 

9. Into what three departments is the government divided? 
(32) 

10. What in general terms are the functions of each? (32) 



CHAPTER V. 
THE LEGISLATIVE DEPARTMENT. 

33. Congress. — The legislative powers of the United 
States government are vested in the Congress, which is a law- 
making body composed of two houses, the Senate and the 
House of Representatives. The Senate is sometimes, in poou- 
lar phrase, spoken of as the Upper House, and the other as 
the Lower House. But neither is so designated in the Con- 
:stitution or laws, and as they meet in different chambers sit- 
uated on the same floor of the Capitol neither is upper or low^er 
in point of location. These words are supposed by some per- 
sons to designate what was intended at the first to. be the 



Till-: LEGISLATIVE Dl- PARTMENT. 37 

relative rank of the two houses, but that distinction finds no 
support in the Constitution, for it would be difficult to de- 
termine from that instrument which is given the hig-her rank, 
for to the House alone is given the power to originate bills for 
raising revenue, while the Senate in conjunction with the Pres- 
ident can make treaties without the concurrence of the House, 
and treaties are a part of the supreme law of the land. The 
truth is, that the use of these w^ords w^as borrowed from the 
custom which prevailed in several of the colonies of designating 
the Council, which was appointed usually by the Governor, as 
the Upper House, and the Assembly, which was chosen by 
the people, as the Lower House. But the kingly days have 
gone by, and the designation of the two houses of Congress 
as Upper and Lower has long since ceased to have any real 
significance, although the use of the words, as a short and con- 
venient method of designating them, still survives. 

34. House of Representatives. — The House is com- 
posed of Representatives elected by the direct vote of the peo- 
ple. It is, therefore, spoken of as the "popular branch'' of 
Congress. It is descended from the colonial assemblies, and 
like them is alone vested with authority to originate measures 
for Federal taxation. Tariff bills and other bills for raising 
revenue originate in the House, but these may be modified in 
the Senate, and nearly always are, for if the Senate could not 
change them as it deems best, there would be small need for two 
houses. But even after such changes are made, the House 
yet has the right to say whether it will accept them or not. 
Every State, however few its inhabitants, is entitled to at least 
one Representative, and the additional number to which it is 
entitled depends on the whole number of persons it has, ex- 
cluding Indians not taxed. Each organized Territory is en- 



38 CIVIL GOVERNMENT OF THE UNITED STATES. 

titled to one delegate in the House, and such delegate has all 
the privileges of a Representative except that of voting. The 
Representatives vote as individuals on all subjects except when 
they are called upon to decide a Presidential contest and then 
they vote by States, that is, in such case, which fortunately is 
exceedingly rare, each State has one vote, and what that vote 
shall be is determined by the majority of its Representatives. 

35. Qualifications. — A Representative must be twenty- 
five years old, must have been a citizen of the United States 
for seven years, and shall be an inhabitant of the State from 
which he is elected, but need not be a resident of the district 
by which he is chosen, though he usually is. The term of a 
Representative is two years, and if a vacany occurs another 
election must be held to fill it. The Governor has no authority 
to fill such vacancy by appointment, as in case of a vacancy 
in the Senate, but it is his duty to call a special election for 
the purpose, at the time prescribed by the laws of the particular 
State. 

36. The Speaker. — The presiding officer of the House 
is the Speaker. He is elected by its members from their own 
number. He appoints all its committees, and because of his 
power in shaping legislation he is, next to the President, the 
most important officer of the Government. 

37. Apportionment and Manner of Electing Represen- 
tatives. — For ascertaining the number of Representatives 
each State is entitled to, the Constitution requires that a census 
of the people be taken every ten years, or that they be counted. 
Congress then declares that each State shall have one Repre- 
sentative for a certain number of persons, which is not to be 
less than 30,003. This number is called the apportionment 



T?1E LEGISLATIVE DErARTMENT. 39 

unit, and for the current decade is about 198,000, and the 
whole number of Representatives is 386, and the number each 
State is entitled to is ascertained by dividing the number of its 
inhabitants by the apportionment unit. 

Prior to 1872 each State could elect its whole number of 
Representatives from the State at large, or lay off the State 
into districts and elect one from each, according to its own 
will. But since that time the Congress has directed that each 
State be divided by the Legislature into as many districts as it 
is entitled to Representatives, and that each district elect one 
Representative, and no more, except that for the first Congress 
after an apportionment is made all the additional Representa- 
tives to which a State is entitled because of an increase in its 
population, may be elected by the State at large. This excep- 
tion is made because it often occurs that after the new appor- 
tionment is made to a State there is no meeting of its Legisla- 
ture before the next election. 

38. Time of Choosing Representatives. — The time for 
holding elections for choosing Representatives- is left to the 
legislatures of the several States, and nearly all of them have 
fixed the first Tuesday after the first Monday in November of 
even years as the time. But Congress has the- power to pre- 
scribe the time for such elections, and it would likely do so if 
the various States should fix on dates so scattered through the 
year as to create discord in the popular mind. This was once 
the case. Elections were held in some States as early as ^lay. 
in others in July, in others in August or September, but now all 
the States except Maine, and perhaps one or two others, have 
fixed on the same day in November, and thereby uniformity 
of date is obtained, and thus the necessity for Congress to in- 
terfere is avoided. 



40 



CIVIL GOVERN MP:NT OF THE UNITED STATES. 




CONGRESSIONAL DISTRICTS OF MISSOURI. 
1902 to 1912. 

In 1901 the Legislature of Missouri laid off the State into 16 Con- 
gressional districts, all of which are clearly shown in this map except those 
embracing St. Louis. The Idth district consists of St. Louis county and 
a part of north St. Louis and about twice as much of south St. Louis. The 
11th district lies north of a line running east and west almost through 
the middle of the city, and is a narrow strip extending from the river 
westward to the outskirts of the city. Lying immediately south of the 
eastern part of the 11th is the 12th district. It begins at the river and 
extends westward through the heart of the city about two-thirds the dis- 
tance and there joins up against the "11th. ' 



THE LEGISLATIVE DETARTMENT. 4I 

39. Gerrymandering. — In formino- the districts each 
State is frequently influenced by the interest of the party which 
happens to be in control of the Legislature. To be sure, the 
Congress usually requires that a district shall be composed of 
''contiguous territory, containing as nearly as practicable an 




"^THE MASSACHUSETTS GERRYMANDER. 

equal number of inhabitants." But every county is contiguous 
to some other, and "practicable" to too may legislators means 
what is most advantageous to their party. So there has grown 
up in all the States, it matters not what party is in control, a 
practice by which the districts are so laid out that the largest 



*NoTE. — This cut and explanation are taken from John Fislve's Civil 
Government of the United States. 



42 CIVIL GOVERNMENT OF THE UNITED STATES. 

possible number of them are carried by the party in power. 
This practice is called ''gerrymandering," and derives its name 
from. Elbridge Gerry, who was Governor of Massachusetts in 
1 812. The General Court that year so laid off that State that 
the outlines of one district had a dragon-like shape. This 
■outline was indicated on a map of the State which hung on the 
wall of the office of Benjamin Russell, the editor of a paper 
called the "Centinel." John Fiske says that one day the cele- 
brated painter, Gilbert Stuart, came into Mr. Russell's office and 
■observing the uncouth figure, added with his pencil a head, 
wings and claw^s, and exclaimed, "That wnW do for a sala- 
mander." "Better say Gerrymander," growled the editor, and 
thus originated the uncouth word which describes the practice 
of so dividing the State into districts as to give the party 
Avhich has control of the Legislature the most of the Repre- 
sentatives elected from the State. This is done by forming 
•one or more districts of counties wdiich give large majorities 
to the opposite party, and then so laying off all the other dis- 
tricts that each will give a majority to the party in power in 
the Legislature. The real remedy for whatever injustice arises 
from gerrymandering is to be found in an appeal to the legis- 
lators' sense of fairness, and the defeat at the polls of the party 
that resorts to it to the extent of defeating the popular will. 

40. Voters for Representatives. — The Constitution 
says that "the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature." That simply means that every person qualified 
to vote for a Representative in the State Legislature is qualified 
to vote for Representatives in Congress. But a person quali- 
fied to vote in one State might not be if he lived in another. 
Some States require a citizen to be able to read and write 



THE LEGlSLATrVE DEPARTMENT. 43 

before he can vote ; others, that he shall have paid a small 
property or poll tax. But others permit any male citizen 
twenty-one years old, however ignorant or whether he has paid 
any poll or other tax or not, to vote, unless he is a lunatic or a 
soldier on duty or has been convicted of a crime and not 
pardoned. Thus, in Massachusetts, Connecticut and some 
Southern States a voter must know how to read and write. In 
Ivhode Island the citizen who owns a small amount of land is 
not required to register ten months before the election, as are 
-ether persons. But every State by establishing an educational 
or property qualification for the right to vote, thereby lavs 
itself liable to have its number of Representatives in Congress 
proportionally decreased, for the Constitution says that when 
the right to vote is denied to any male citizen twenty-one 
vears old, except for participation in crime, the number of Rep- 
resentatives the State shall have in Congress and the votes it 
shall have for President "shall be decreased in the proportion 
which the number of such male citizens thus excluded from 
voting bears to the whole number of male citizens twenty-one 
years of age in such State." This provision is a part of the 
fourteenth amendment, and was enacted in the days soon after 
the Civil War when partisan passions were aflame, to provide 
a way for punishing a State which should ever deprive a 
negro of the right to vote. But the fact that its enforcement 
would cut down the number of Representatives of every State 
Vvhich might require a voter to have a certain amount of educa- 
tion, has made Congress slow to enforce it. 

41. The Senate. — Each State is entitled to two Sena- 
tors, and each is elected for a term of six years by the Legisla- 
ture of their respective States. A Senator must be an inhabi- 
tant of the State from which chosen, thirty years of age, and 



44 CIVIL GOVERNMENT OF THE UNITED STATES. 

for nine years must have been a citizen of the United States.. 
Their terms are so arranged that one-third of them expire 
every two years, that is, with the end of each Congress. At the 
first Congress, all the Senators were divided into three equal 
classes, and by the Constitution the terms of the first class 
expired in two years, those of the second class in four years, 
and those of the third class in six years. Those who were 
elected to take the place of the first class served for a term of 
six years from the expiration of the two-year term of that class,. 
and those chosen as successors of the second class served six 
years from the end of the four-year term of that class, and 
so also when those of the third class had served their six-year 
terms their successors were chosen for six years more. This 
arrangement has thus progressed through all the years since 
the first Congress met. When a new State is admitted to the 
Union the Senators chosen therefrom are assigned to the 
classes which then have the least number of Senators belon^"- 
ing to them. Thus the three classes are kept as nearly ecjual 
as possible, and thus two-thirds of the Senators, at the begin- 
ning of each Congress, are experienced members. This ar- 
rangement makes the Senate practically a continuous body. 

42. The Presiding Officer. — The officer who presides 
over the sessions of the Senate is the Vice-President of the 
United States, and that is about all he does. He appoints no 
committees, and has no vote except when the Senators are 
equally divided, and then his vote is called the "casting vote.'' 
The Senate also chooses from its own members a President of 
the Senate pro tciiiporc to preside in case of the death or 
absence of the Vice-President, or in case the Vice-President 
should succeed to the office of President. 



TJiE li-:g!Slative depart mi:nt. 45 

43. Election and Vacancies. — Each State is entitled 
to two Senators in Congress, and no more. They are elected 
bv the legislatures of their respective States. If a vacancy 
occurs in the interim between the sessions of the Legislature, 
the Governor may appoint a Senator, to serve until the Legis- 
lature meets, but no longer. If the Legislature fails to elect 
and adjourns, he cannot appoint, but the vacancy continues 
until it meets again, and even longer if at such next session 
it again fails to elect. If the vacancy occur while the Legisla- 
ture is in session the Governor cannot appoint. He can by 
appointment fill a vacancy in the Senate only when it begins 
in the recess of the Legislature, and then only till the Legis- 
lature's next meeting. If a vacancy exists the Legislature 
must try to fill it at its n-ext session, whether that session be 
a regular or special one, and if an extra one whether called 
for that purpose or not. 

44. How Senators are Elected. — In electing a Senator 
each house of the Legislature first ballots separately. The 
next day they meet in joint session, and if any one has re- 
ceived a majority of all the votes cast in each house at the 
separate sessions he is declared elected v/ithout further voting. 
If no one has received such majority, then a vote is taken in 
joint session and continued from day to day until someone 
receives a majority of all the votes cast in the joint assemblv, 
"a majority of all the members elected to both houses being 
present and voting." And the voting is viva-voce, that is, the 
member's name is called by the secretary or clerk, and the 
member answers aloud the name of the person he votes for. 
This manner of electing a Senator is prescribed by Congress, 
which has the power of altering the time and manner fixed by 
the Legislature, but not the power to change the place for 



46 CIVIL GOVERNMENT OF THE UNITED STATES. 

electing a Senator. Congress has, therefore, prescribed that 
a Senator is to be elected by the last regular session of the 
Legislature before the fourth of March on which the Sena- 
tor's term expires. Thus a Senator is sometimes elected more 
than a year before his term begins, but usually only a month 
or two. 

45. Sessions of Congress. — Congress must meet at 
least once in each year, and may convene oftener by call of 
the President. A regular session begins the first Monday in 
December of each year. It is not called by the President ; 
its time of meeting is fixed by law, and hence it convenes with- 
out any notice to members and without any call from any 
one. The first regular session may last one year if the two-' 
houses so choose ; that is, from the beginning of one regular 
session in December to the beginning of the next regular 
session in December. The second regular session ends bv 
law on the fourth of ^Nlarch of each odd year : that is, on the 
fourth of Alarch after it begins in December. Congress can- 
not meet in special session except upon the summons of the 
President. 

Neither house can adjourn while Congress is in session 
for more than three days without the consent of the other, but 
there is nothing to prohibit both houses from agreeing en a 
vacation of any length which would not interfere with regular 
sessions. If the two houses cannot agree upon a time of ad- 
journment the President may adjourn them to such time as 
he may think proper — a thing he has never yet done. The 
President can not only convene Congress in "extraordinary"' 
session, he can also convene either house without conven- 
ing the other, and it has grown to be the rule for him to con- 
vene the Senate for a short session just after his inauguration 



THE LEGISLATIVE DEPARTMENT. 4/ 

in order that it may confirm his selection of Cabinet officers. 
All the sessions of Congress held between the fourth of 
i\Iarch of one odd year and the fourth of March of the next 
odd year are called a "Congress" — for instance, the 55th 
Congress embraced a period of two years, as did every other 
Congress. There were held, therefore, between March 4, 1789,, 
and ]\Iarch 4, 1903, fifty-seven congresses, having 114 regular 
sessions, besides a number of special sessions. 

46. Beginning of Sessions. — As Representatives are 
elected in November of even years and the first regular session 
of the Congress to which they are elected does not begin 
until December of the next year, a new Representative will 
not, unless a special session is called, which is never done 
except "on extraordinary occasions," take his seat for thirteen 
months after his election. For this reason there have always 
been thoughtful persons who believe that the Government 
would be brought closer to the people and that the people 
would be more potent in influencing its affairs if the first resf- 
ular session of Congress after an election were begun on the 
fourth of the next March, and the second regular session on 
the fourth of the succeeding March. In addition to this 
reason, it is urged that, under the present arrangement, the 
party in power if it fails at the polls is, smarting under the 
sting of defeat, met with the temptation at the short session 
that intervenes between the election and its end on the fourth 
of March, to do some very high-handed things. If Congress 
at any time should desire to fix the fourth of March, or some 
other day, for the beginning of the sessions of Congress, it has 
power to do so, for the Constitution says they shall begin on 
the first Mondays in December unless Congress "shall appoint 
a different day." In opposition to the change, however, it is. 



48 CIVIL GOVERNMENT OF THE UNITED STATES. 

replied that business is very intimately responsive to changes 
in administrations, and for that reason it is best that there be 
a considerable period in which the people may gradually ad- 
just their affairs to the foreseen changes that a Congress of 
different political beliefs would make. 

47. Like Powers of Both Houses. — (i) Each house 
has the right to make rules for its own government. But as 
the Senate is a continuous body, in the sense that two-thirds 
of the Senators are always "old" members, its rules are rarely 
changed, and it is very difficult to change them. Each house, 
however, is a "new" house, in the sense that the terms of all 
Representatives begin and end at the same time, and hence 
it adopts its own rules at the beginning of each session, and 
changes them at will. (2) Each house has the right to 
"judge of the cjualifications of its own members ;" that is, it 
may refuse a person who claims to be a member the privilege 
of becoming a member, because he is not of the right age, or 
has not resided long enough in the State from which chosen, 
or was not elected or appointed in the way provided by law, or 
was fraudulently chosen. (3) Each house keeps its own 
journal, and the yea and nay votes must, on the request of one- 
fifth of the members present, be taken on any pending measure, 
and entered thereon. (4) The members of each house receive 
an annual salary of $5,000, and this amount may be increased 
or decreased by law of Congress. (5) The members of 
either house are privileged from arrest during their attendance 
upon the sessions of their respective houses, in all cases except 
for treason, felony or a breach of the peace. And for any 
speech made in either house during its sitting, however libel- 
ous or scandalous, they can never be sued or called in ques- 
tion in any other place, the reason being that either house 



The LlIGlSLATlVli DEPART MKNT. 49 

may punish a member for disorderly conduct, and has been 
known to do so, even to the extent of expelHng him by the 
concurrence of two-thirds of its members, and to permit him 
to be again held, for criminal slander, for example, would be 
to twice punish him for the same offense, and to hold him 
liable for civil damages therefor, it was thought, would be to 
interfere with the right to the free speech so necessary to 
legislative assemblies. But although either house might expel 
a member charged with treason or a felony, it would not un- 
dertake to otherwise punish him for such crime, whether com- 
mitted in the Capitol or elsewhere, but in such case the courts 
would proceed against him as against any other person so 
charged. And members have , been arrested for distrubing 
the peace, in and near the Capitol. 

48. How a Lav^ Is Passed. — A majority of the mem- 
bers of each house constitute a quorum to do business, and 
if a bill receive, in each house, the votes of a majority of the 
members present, if such members be a quorum, and is signed 
by the President, it becomes a law. If the President veto it, 
that is, refuse to sign it. he shall return it to the house in 
which it has originated, with his objections ; it must then 
receive the votes of two-thirds of the members of each house 
before it can become a law. If any bill shall not be returned 
by the President within ten days (Sundays excepted) after it 
shall have been presented to him, the same shall be a law% in 
like manner as if he had signed it, unless Congress by its 
adjournment prevent its return, in which case it shall not be 
a law. 

49. Impeachments. — It may, sometimes, be necessary 
to try a President, or a judge or other civil officer of the 



50 CIVIL GOVERNMENT OF THE UNITED STATES. 

Government, for treason, bribery, .or otber high crime or mis- 
demeanor. Snch trials are called impeachments. They begin 
in the House, which makes up a formal charge against the 
accused officer and presents it to the Senate, and the Senate 
tries him. If the President is on trial, the Chief Justice pre- 
sides, but in all other cases the V'ice-President may preside. 
In any case two-thirds of the Senators present must vote 
against the accused before he can be found guilty, and if 
convicted the penalty can go no further than removal from 
office and disqualification from holding a Federal office, but 
the accused officer may be held for trial in a court, just as 
any other person, if he has committed a crime. 

Congress has not often invoked its powers under this 
clause of the Constitution. Three or four times early within 
the last century Federal judges were charged with cruelty 
and corruption in office and with usurping powers which did 
not belong to the courts, and were impeached b}' the House and 
brought to trial in the Senate, but in nearly every case they 
were acquitted. And once, soon after the Civil War, an at- 
tempt was made to impeach a President. Andrew Johnson, 
then President, was charged with removing men from office 
in violation of a law of Congress, and was brought to trial. 
This proceeding profoundly stirred the country, and resulted 
in his acquittal by one vote, and now all men rejoice that he 
was acquitted. Thus, fortunately for our own peace and to 
the credit of our public officers, it has rarely been necessary 
to invoke this provision of the Constitution, but there can 
be no doubt that the existence of the power in Congress to 
impeach and remove from office a president, a judge or other 
high Federal officer, has been of ver}' great value to the 
people in deterring such officials from wrong-doing. 



THE LEGISLATIVE DEPAUTMkNT. 5 1 

50. Treaties. — The President, by and with the advice 
and consent of the Senate, may make treaties with a forei£>n 
nation. These usually relate to a settlement of international 
disputes, or to the fixing of the national boundary, or to the 
acquirement of new territory, or tO' the terms upon which trade 
may be carried on between citizens of the two countries. But 
before such treaties can be binding they must be approved by 
two-thirds of the Senators present in the Senate when thev 
are acted on. When treaties are made in this manner they 
become a part of the supreme law of the land (art. 6, par. 2) 
and are binding on everyone. Neither Congress nor the courts 
can repeal or ignore them. They are in the nature of solemn 
contracts between two nations, and often are to exist during a 
term of years, and during that time neither nation can violate 
their terms without violating its honor. And for a persistent 
violation of their treaty agreements, the usual means of re- 
dress resorted to by nations in the past has been war with the 
one refusing to keep its contract. But in late years there has 
grown up at the Hague an International Arbitration Congress, 
whose avowed purpose is to settle by arbitration disputes be- 
tween nations. 

It will be observed that a treaty is a supreme law, and 
it is the only kind of law that the President and either house 
can enact without the consent of the other. 

51. Why Congress Has Two Houses. — i\t this time 
nine States, or one-fifth of the whole number, have 197 Rep- 
resentatives in Congress, or a majority of four. In the first 
Congress, which met on March 4, 1789, four States had 32 
members and the other nine 33. Delaware and Rhode Island 
had only one each. It was early proposed in the Constitu- 
tional Convention that the Congress should be composed of 



52 CIVIL GOVERNi\[ENT OF THE UNITED STATES. 

one house and that each State should have representatives 
therein in proportion to the number of its inhabitants. At 
this the small States drew back. They feared their interests 
would be swallowed up by such States as Virginia, which had 
ten times as many Representatives as Rhode Island, and Penn- 
sylvania, which had eight times as many as Delaware. The 
Union under the Articles of Confederation was a union of 
States, and in the Continental Congress there was only one 
house, in which each State had one vote and no more. The 
small States argued that if this plan was to be abandoned 
and each State was to have representation in proportion to its 
population alone, it would result in an extinguishment of the 
States, and if not, then the voice of a small State would be so 
feeble as never to be heard. In reply to this, the larger States 
urged that each State ought to be represented in proportion 
to the number of its inhabitants ; that there was no higher or 
fairer rule for representation than this. They said the Articles 
of Confederation were unjust in granting to the small nmn- 
ber of inhabitants of small Delaware the same voice and vote 
given to eight times as many people in Pennsylvania. This 
difference over representation in Congress seemed so irrecon- 
cilable that the Constitutional Convention was on the point 
of breaking up. It was at this crisis that the Connecticut 
delegates came forward with a plan that resulted in a Con- 
gress of two houses. In that State, as indeed in others, the 
lower house of the Legislature was composed of one member 
from each town, while the upper house consisted of a variable 
number, dependent on the number of inhabitants, elected from 
the State at large. This arrangement suggested to them a 
solution for the difficulty. Having it in mind, they proposed 
that the Congress should consist of two houses, and that the 



THK LEGISLATIVE DEPARTMENT. 53 

upper house should represent the States, in which each State 
should have an equal voice, and that the lower house should 
represent the people, and that the number of Representatives 
each State should have in that house should depend on the 
number of persons residing therein. This plan was accepted, 
and has ever since been known as the Connecticut Compromise. 
After it w^as agreed upon, all other dififerences were adjusted 
without difficulty. 

Questions on Chapter V. 

1. What is the law-making body? (:^s) 

2. How is the House composed? (34) 

3. What special authority is vested in it? (34) 

4. How many Representatives? (34) 

5. How do they vote? (34) 

6. What are the qualifications of Representatives? (35) 

7. How are vacancies filled? (35) 

8. What is said of the Speaker? (36) 

9. How is the number of Representatives ascertained? (t,7) 

10. How are they elected? (37) 

11. What is said of the time and manner of their election? (38) 

12. What is said of gerrymandering? (39) 

13. Who may vote for Representatives in Congress? (40) 

14. Who are citizens? (40) 

15. Are all citizens voters? (40) 

16. How may Congress punish a State which prescribes a 
property or an educational qualifi/cation for voting? (40) 

17. Why has Congress been slow to enforce this provision? 
(40) 

18. How is the Senate composed? (41) 

19. What are the qualifications of Senators? (41) 

20. Their terms and classes? (41) 

21. What is said of the Senate's presiding officer? (42) 

22. How are vacancies filled? (43) 
2^. How are Senators elected? (44) 

24. What power has Congress over election of Senators? (44) 

25. Describe meetings and sessions of Congress. (45) 

26. Discuss beginning of Congressional sessions. (46) 



54 CIVIL GOVERNMENT OF THE UNITED STATES. 

27. What are some of the like powers of both houses? (47) 

28. Why is not a member liable for any speech made in Con- 
gress (47) 

29. What is a quorum? (48) 

30. What is necessary for the enactment of a law? (48) 

31. Describe the President's veto. (48) 
2^2. Discuss impeachments. (49) 

2)'},. By whom are treaties made? (50) 

34. What force have treaties? (50) 

35. How did it come about that Congress has two houses? (51) 



CHAPTER VI. 

POWERS OF CONGRESS— TAXATION. 

52. General Powers. — The Constitution in section 8 of 
article i enumerates some of the powers of Congress. It is 
there specifically said that Cong-ress shall have power to do 
certain things. That being the case, no other department of 
the Government can do those things. Other parts of the Con- 
stitution say that Congress shall have power to do certain 
other things. The exercise of these powders by Congress has 
given shape and direction to the Government of the United 
States. It is, therefore, of great importance to understand 
\Vhat these powers are. 

53. Taxation. — "The Congress shall have power to lay 
and collect taxes, duties, imposts and excises, to pay the 
debts and provide for the common defense and general welfare 
of the United States ; but all duties, imposts and excises shall 
be uniform throughout the United States." This is the clause 
of the Constitution which confers on the Union the power of 
taxation, and it was this clause that enabled it to get on its 



i>o\vi-:rs of congress — taxation. 55 

feet, and has made its authority permanent. Under the Ar- 
ticles of Confederation the Continental Congress had no power 
of taxation. When it needed nioney it called on the States 
for it, and if they refused to furnish it, it had no way to 
punish them or to get it by seizing the property of the citi- 
zen. But under the Constitution the national government is 
authorized to raise its own revenue. Congress levies taxes 
upon most things shipped into this country, and upon certain 
articles manufactured here, and upon the ])rivilege of, doing 
certain kinds of business, and sometimes it levies taxes on 
land and even on persons, and these taxes are collected by 
officers appointed by the President. Money raised in this way 
is called revenue. 

54. Revenue. — Revenue is the Government's expense 
money. It is used to pay its officers and debts, support its 
army and navy, erect needed buildings, . reward old soldiers 
and sailors with pensions and bounties, operate its postal 
system, maintain its courts and pay any other expenses incurred 
by it. All bills for raising revenue must originate in the 
House, but the Senate may change the tax rates fixed by it. 

55. Indirect Taxes.— Taxes under this clause of the 
Constitution are of two kinds, direct and indirect. Direct 
taxes are taxes on land or persons. Indirect taxes are taxes 
on articles of consumption. By indirect taxes are usually meant 
what in this clause are called "duties, imposts and excises.'' 
Imposts are charges against goods shipped into this country, 
and are as often known as customs or customs duties, and as 
tariffs or tariff' charges. Congress can refuse to permit the 
foreigner to bring into and sell in this country, fabrics, hides, 
lumber and all other things produced abroad, unless there is 
paid to the Government's off'icers a tax for the privilege, and 



56 CIVIL GOVERNMENT OF THE UNITED STATES. 

that tax is an impost. A specific tariff is a tax on an article 
by the yard or pound, in disregard of its vakie ; an ad valorem 
tariff is a tax according to the vakie of the article. If the 
appraised price of the article is $ioo and the tax is forty per 
cent, the ad valor cm tariff' is $40. The money collected by the 
Government through tariff" taxation amounts annually to much 
over a hundred million dollars. 

56. A Protective Tariff. — A protective tariff' is a tax 
on the products of other countries of such a discriminating- 
kind as will prevent or restrict their competition with products 
of this country. Protective tariffs protect the American pro- 
ducer in charging more for his products than he could obtain 
for them were not this impost fixed at such a rate as to lessen 
the quantity or increase the price here of like goods made 
abroad. "Protection" is meant to preserve the American 
market for the American producer, and thereby to build up 
home industries and manufactories and to enable them to pav 
better wages to their laborers. Protective tariffs are arranged 
with the double purpose of protecting the American producer 
from competition with like articles made in foreign nations, 
and of raising revenue for the support of the Government. 

57. A Revenue Tariff. — A revenue tariff is a tax on im- 
ports levied solely for the purpose of raising revenue. The 
doctrine which favors such a tariff is that the Government's 
only right to levy taxes is for the purpose of obtaining money 
wherewith to pay its expenses. A "tariff" for revenue only" 
does not discriminate in favor of the American producer, and 
is not designed to afford him any protection from competition 
by foreign-made goods with those produced by himself except 
such as must naturally result incidentally from any tariff ; 
for the imposition of any tariff must to some extent lessen the 



POW'KRS OF CONCRKSS — TAXATION. 57 

amount of ooods shipped into this country, or increase their 
price to the purchaser, and thereby enable the American pro- 
(hicer to charge equally as much for his product. 

58. How Imposts are Collected. — Congress has laid ofT 
the United States into customs districts, and every important 
seaboard town in each district it has declared to be a "port of 
entry," and every ship wishing to land goods at any point 
within that district must haul in there and pay its port fees. 
Arrangements must there be made for the payment of the 
imposts fixed by Congress on the goods it carries, whether 
they are to be unloaded there, or at another place in the dis- 
trict called a "port of delivery." At each port of entry is a 
custom house, and appraisers who determine the value of 
each article of merchandise the ship carries, and collectors 
who collect the taxes which the law imposes. But if it suits 
the owner to pay the tax at a port of delivery, the goods are 
sent on and the duties are paid there. Besides, at each port 
of entry and delivery are customs stores or warehouses in 
which the owner, by giving bond, may keep his goods for a 
fixed time without paying the tariffs, but if they are not paid 
within that time they may be put up and sold by the collector, 
or he may bring suit on the importer's bond for the amount 
of the duties. These stores are called "bonded warehouses" 
because the owner of the imports by giving bond may leave 
them therein for a certain time without the payment of the 
duty. 

In order that vessels do not land at some other point than 
a port of entry and thus escape the payment of fees and duties, 
the Government has provided "revenue cutters," or small, 
swift armed boats, which patrol the shore to compel them to 
land at a port of entry or go back. 



58 CIVIL GOVERNMENT OF THE UNITED STATES. 

59. Excises. — Excises, or internal revenue, are inland 
taxes levied upon articles of home manufacture and sale, and 
upon licenses to pursue certain trades or to deal in certain 
commodities. Thus a tax of ninety cents a gallon on all 
whiskeys made in this country would be an excise, as would 
be also an annual charge of $5 to each retail dealer for a 
license or privilege to sell whiskey ; while a tax of any sum 
levied at ports of entry upon all whiskeys made abroad and 
shipped into this country for sale, is an impost. Excise duties 
are levied on wines, beers, whiskeys and ales, and have been 
levied on tobaccos, deeds, notes and bonds, and may be levied 
on many things which have never been so taxed. The amount 
of revenue raised from excises often far exceeds a hundred 
million dollars annually. 

60. How Excises are Collected. — For the purpose of 
collecting excises each State is divided into districts of con- 
venient size over which there is placed an internal revenue 
collector, with deputies and gangers and storekeepers. The 
maker of liquors is required before he enters upon the manu- 
facture thereof to take out a license permitting him to do so, 
and if he does not do so he is subject to heavy fines and even 
imprisonment. At his distillery or brewery he must maintain 
a warehouse in which his goods are stored as fast as made, and 
tliis is in the keeping of a Government ofiiicer called a store- 
keeper. Connected therewith are other officers called gangers, 
who measure the quantities made, and on each gallon so 
measured the law fixes a tax, which must be paid before the 
liquors are moved from the warehouse, except that they may 
be moved to another one called a "bonded warehouse" on the 
giving of a bond that the taxes will be paid witliin a certain 
time. 



POAVERS OF CONGRESS — TAXATION. 59 

61. Uniformity. — "All duties, imposts and excises 
must be uniform throug-hout the United States." The revenue 
collected for a gallon of whiskey is the same whether made in 
New England or Kentucky. The imposts on sugars are the 
same at New O'rleans as at New York. These charges are 
fixed by a law of Cong-ress, which simply declares that all 
cofifees shipped into this country shall pay certain duties ; 
that all hides, certain other duties, etc. The value of this 
provision cannot be overestimated. If Congress could fix one 
rate on an article if entered at one port and a different rate 
on the same article if entered at some other port, it could by 
a tariff law alone ruin or enrich any part of the country, 
according to its own wishes. If sugars were admitted free 
of duty at New Orleans at the same time that enormous 
imposts were charged at all other ports, the result might be 
the enrichment of the sugar industries of Louisiana. If a 
very high tariff were imposed on all leathers and shoes entered 
at any Atlantic or other Northern port, but admitted free of 
duty at New Orleans, the discrimination might result in the 
ruin of the shoe factories of New England and the consequent 
enrichment of those of the Mississippi valley. 

62. Direct Taxes. — Rut there is no such rule of uni- 
formity for direct taxes. The Constitution requires direct 
taxes to be apportioned among the States according to their 
respective populations, and says that "no capitation or other 
direct tax shall be laid" unless so apportioned. Thus the 
question arises at once, what are direct taxes and what indi- 
rect, within the meaning of the Constitution? If a tax fixed 
by Congress is an indirect one it can be levied on the article 
named wherever found, but if the tax is a direct one, before 
it can be collected Congress must determine how much of it 



6o CIVIL GOVERNMENT OF THE UNITED STATES. 

must be paid by each State ; for instance, when Congress 
levied a tax of twenty milhon dollars on lands in 1861, it 
divided up the whole amount among the several States, and 
against the land in each was assessed such a part thereof as 
the number of its inhabitants bore to the whole number in all 
the States. Missouri's share was fixed at $761,127.33, and 
she (as well as all the other States) was given the choice of 
raising that sum herself in her own way and paying it over 
to the United States : but lest a State should fail in doing 
that, provision was made for the appointmnet in each State 
of assessors to value the land, and of collectors to collect the 
tax. There was no doubt of the validity of that tax, for it 
has always been admitted that taxes on land are direct taxes. 
The value of lands in a large measure depends on the density 
of the population, and this fact no doubt had much to do in 
inducing the Constitutional Convention to provide that direct 
taxes shall be apportioned among the States according to the 
number of their inhabitants. It is also admitted that "capita- 
tion" or poll-taxes are direct taxes, and in fact the Constitu- 
tion says so in so many words, for it declares (clause 4, sec. 
9, art. i) that "no capitation or other direct tax shall be 
levied unless in proportion to the census." But are there any 
other kinds of direct taxes except taxes on land and poll- 
taxes? No definite answer can 'be given. 

63. Usual Methods of Taxation. — Congress has en- 
acted few laws imposing a direct tax. It has in nearly all 
cases raised the Union's revenue by imposing taxes admitted 
to be indirect. On the other hand, the States (and the towns 
and counties organized by them) have raised much of their 
revenue by imposing direct taxes. So that it may be said that 
the Government's revenue is, for the most part, raised by in- 



POWERS OF CONGRESS — TAXATION. 6l 

direct taxes, and the revenue of States and counties and 
cities and public schools are raised largely by direct taxe?, 
that is, taxes imposed directly on tangible property. 

64. Purposes of Taxation. — The purposes for which 
the Government may levy taxes are specified by this clause 
of the Constitution. They are "to pay the debts and provide 
for the common defense and general welfare of the United 
States." These are comprehensive words. The power given 
by them to Congress is very extensive, but indefinite and not 
easily applied. 

It is easy to understand what is meant by the words, "to 
pay the debts -of the United States." They mean that when- 
ever the Government has honestly contracted a debt it must 
pay it, and that it has power to raise money by taxation to 
pay it with. It is equally as easy to understand what is 
meant by "to provide for the common defense." It means 
that whenever a foreign, or even a domestic eneniy, threatens 
the peace of the Union, it has power to levy taxes to obtain 
money with which to provide means for warding off and 
putting down such enemy, and even to provide means in time 
of peace for meeting any trouble that may at any time arise. 

But what is meant by "to provide for the general wel- 
fare ?" Does that mean that Congress has power to levy taxes 
for building railroads, or for buying and operating them after 
they are built, or for constructing canals, or for educating 
the people, or for stamping out yellow fever or cholera, or 
for paying bounties to sugar producers? Or, does it mean 
that, if these things are done at all by government, they are 
to be done by the States individually, and the Congress is to 
undertake to do only those things necessary for the general 
welfare which the States cannot successfully do? Alen and 



62 CIVIL GOVERNMENT OF THE UNITED STATES. 

parties have differed as to the Union's power under this 
"general welfare" clause. 

There have always been those wdio have contended that 
Congress has power to levy taxes for anything which it may 
think for the general welfare ; that the question is not one of 
power, but one of expediency ; that the power of Congress in 
such matters is unquestionable, but whether or not it should 
exercise that power depends on circumstances, and that the 
whole point resolves itself into an inquiry as to what is wdse 
and best for the public good in each particular case. 

On the other hand, parties composed of men equally 
patriotic have maintained that Congress has no such power, 
and that even if it has it would be unwise to exercise it except 
in very clear cases. They say that it is giving to the words, 
"to provide for the general welfare," an extreme and strained 
meaning to hold that they authorize Congress to tax the i^eople 
for whatever either it or the majority of the people may deem 
for the general good ; that if Congress, under this clause, can 
do whatever it wishes to do, it can do whatever a majority 
of its members may think w^ould be for the general welfare, 
and if that is the case why have any Constitution at all? 
Why, they ask, if that is the meaning of these words, was 
not Congress given the unfettered power to do whatever it 
deems wdse or expedient? Constitutions, they argue, are made 
for the protection of the minority from the arbitrary tyranny 
of a headlong and partisan majority, and if majorities in 
Congress can do what they please, the Constitution itself is a 
useless and vain thing. They contend that the sok purpose 
for the Union was that there might be a general or central 
authority to do for the States what experience had taught them 
they could not do separately, and that all other powers were 



rOWEKS OF CONGRESS — TAXATION. 63 

"reserved to the States or to the people." They, moreover, 
have contended for the general principle that, as a matter of 
practical wisdom and permanent peace, neither the Union nor 
the States should ever undertake to exercise any power, even 
if given, except when to do so is clearly for the public good 
and the orderly workings of society. 

The student must decide for himself which of these views 
is correct, and in seeking for aid from the writings and 
speeches of others he will enter a field of most useful and 
patriotic inquiry. 

Questions on Chapter VI. 

1. Where are the powers of Congress found? {S^) 

2. Quote the language of the Constitution as to taxation. 
(53) 

3. What is said of the effect of this clause? (53) 

4. Upon what does Congress levy taxes? (53) 

5. For what is revenue used? (54) 

6. What are direct and what indirect taxes? (55) 

7. What are imposts? (55) 

8. What is a specific and what an ad valorem duty? (55) 

9. What is a protective tariff? (56) 

10. What is the purpose of protection? (56) 

11. What is a revenue tariff? (57) 

12. W'hat protection does it aft'ord? (57) 

13. How are imposts collected? (58) 

14. What are the purposes of bonded warehouses? (58; 

15. Why are revenue cutters provided? (58) 

16. What are excises? (59) 

17. Upon what are excises laid? (59) 

18. How are excises collected? (60) 

19. What taxes must be uniform? (61) 

20. What might have resulted if this provision had been 
omitted? (61) 

21. How are direct taxes apportioned and collected? (62) 

22. What taxes are admitted to be direct? (62) 

23. Can any others be certainly said to be? (62) 



64 CIVIL GOVERN ME'NT OF THE UNITED STATES. 

24. Which method is usually employed for raising Government 
and State taxes? (63) 

25. For what purposes may Congress levy taxes? (64) 

26. What is meant by "to pay the debts of the United States?" 
(64) 

27. What is meant by "to provide for the common defense?" 
(64) 

28. What has one party contended Congress could do under 
"the general welfare" clause? (64) 

29. What has been the contention of the opposite party? (64) 



CHAPTER VII. 

POWERS OVER COMMERCE. 

65. To Regulate Commerce. — The Congress shall have 
power "to regulate commerce with foreign nations, and among 
the several States, and with the Indian tribes." The pow-er 
is to "regulate," not to engage in, coinmerce. 

66. Foreign Commerce. — Under this pov^^er. Congress 
has prescribed rules under wdiich ships may carry the United 
States flag, the terms upon which they may enter our ports 
and, at times, the nations which they may visit. It has con- 
structed hght houses, beacons and buoys along the coast, and 
wharfs for their landing, and custom houses at which to 
register, pay the port fees, and unload their goods. It has 
prescribed rules to be observed by their officers and crew^s 
w^hile on voyages, and punishments for violations thereof. 
Other rules protect passengers from infectious diseases and 
regulate the carrying of inflammable goods and explosives. It 
has spent immense sums of money in river and harbor im- 
provements and the construction of wharfs. For example, 



rOWKKS OVKK COMMEKCl-:. 65 

the great wharf at Galveston prior to its destruction by the 
storm of 1900, had 28 piers, at which 84 ships, half of them 
standing in water more than 25 feet deep, could load or un- 
load at the same time, and this wharf was constructed by the 
Government at a cost of about six millions of dollars. Many 
other fine ports, according to the needs of commerce, have 
been constructed under this commerce clause. Under the 
power by it given Congress can prescribe the terms upon 
which the vessels of other nations may land at any of our 
ports, and even prohibit their landing at all, and also suppress 
piracy on the high seas. 

67. Interstate Commerce. — This clause gives Congress 
exclusive power to regulate commerce "among the several 
States." Another clause of the Constitution (clause 4, sec. 
c;, art. i) says that "no preference shall be given by any regu- 
lation of commerce or revenue to the ports of one State over 
those of another, nor shall vessels bound to or from one State 
be obliged to enter, clear or pay duties in another.'' Com- 
merce "among the several States" means commerce which 
concerns more States than one. It means the intercourse and 
traffic by the people of one State with those of another. It 
is usually spoken of as "interstate commerce." The purpose 
of giving power to Congress to regulate interstate commerce 
was not to give it power to destroy such trade, but to leave 
it free, "in order to form a more perfect union." Congress 
must use this power to establish harmony and peace and not 
discord among the States ; it was given to "protect and pro- 
mote the free and unobstructed movement of men and thines 
between the States in the family of the Union." So it is 
provided that no State can impose an impost on any goods 

5 



66 CIVIL GOVERNMENT OF THli UNITED STATES. 

shipped into it from another State -or foreign country "except 
what may be absohitely necessary for executing its inspection 
laws." Goods made or produced in other States may be 
shipped into this State and here sold in like manner as goods 
produced here, without the payment of any impost tax, and 
citizens of those States may at pleasure pass into or out of 
yours, and your State cannot prevent such trafific, nor impede 
the freedom of such intercourse, except in so far as it may be 
necessary to preserve the health of your people and the orderly 
workings of society. And foreign goods properly admitted 
at any port of entry may in like manner be shipped into your 
State and sold, and the State cannot impose any tax on them 
without the consent of Congress, and then the net proceeds 
of such imposts must be turned over to the United States treas- 
ury, and hence, as Congress has, never given its consent and 
likely never will, no State has ever levied an impost tax on 
foreign-made goods and in all probability never will. 

We may, therefore, say that no State can levy an impost 
on goods shipped into it, nor in any wise deny to such goods 
that equal freedom of sale that like goods made within the 
State enjoy, unless to do so would jeopardize the public health, 
and that is what is meant by the clause cjuoted above, ''except 
what may be absolutely necessary for executing its inspection 
laws." The State can, in the interest of public health or safety, 
impose an inspection fee on all oils shipped into the State 
for local consumption, to guard against explosions, and on all 
wheat or corn or meats or fish shipped into the State for 
local uses, to guard against diseases. And it can also pro- 
hibit the entrance within its borders of persons or animals 
afflicted with infectious diseases. All these things it can do 
without the consent of Congress because the health and safety 
of its citizens may require such precautions. 



rOW'ERS OVER COMMERCE. 67 

Nor has Congress any control over the trade and inter- 
course of the people wholly within a State. Goods shipped 
into a State, as soon as they have been mingled with and 
become a part of the property of the State, may be taxed for 
State and county and city purposes, just as goods produced 
there. Thus a State may require a license tax of merchants 
or the seller of spirituous liquors, and those licenses must be 
paid whether the goods were produced within the State or 
elsewhere. Nor will Congress interfere with a State law fixing 
freight charges for goods and fares for passengers trans- 
ported from one place to another within the State by an in- 
terstate railroad, nor with laws providing for separate coaches 
for white and negro persons traveling from one place to an- 
other within the State, for this is not commerce "among the 
States." 

68. Trade With Indians. — No State can prescribe an> 
rule for trading with Indians. Congress alone can do that. 
It has fixed a penalty for selling guns and ammunition to 
hostile and uncivilized Indians, and prohibited any one to 
trade with them except persons of good moral character who 
have specially been licensed to do so on giving a bond for 
honest dealing. 

Questions on Chapter VII. 

1. What power has Congress over commerce? (65) 

2. How does it regulate foreign commerce? (66) 

3. What does commerce among the States mean? (67) 

4. How is it usually spoken of? (67) 

5. What is the purpose of such regulation? (67) 

6. How must Congress use the power? (67) 

7. Why was it given? (67) 

8. Can a State impose an impost or tariff tax? {67) 

9. What can it impose? For what purpose? (67) 



68 CIVIL GOVERNMENT OF THE UNITED STATES. 

10. Can Congress regulate trade wholly within a State? (67) 

11. Can a State tax goods from another State after they are 
shipped into it? When? How? (67) 

12. How does Congress regulate the Indian trade? (68) 



CHAPTER VIII. 

POWER TO BORROW MONEY. 

69. Necessity of Power. — The Congress is also given 
power "to borrow money on the credit of the United States." 
Without power to borrow money no government could at 
times sustain itself. In times of war its expenses rapidly 
increase and its revenues as rapidly decrease. War disturbs 
business and cripples trade. It decreases the people's capacitv 
for production, and lessens their opportunity to sell the things 
they do produce. Commerce between our country and foreign 
nations dwindles away, for other nations as our fortunes wane 
close their ports to our goods, and thereby profitable markets 
are cut off. All these things lessen the amount of imports and 
to that extent cut down the revenue derived from imposts. It 
would add grievously to the people's burdens to try to meet 
this loss by a commensurate increase in excises and direct 
taxes, for the loss of their foreign trade lessens their pros- 
perity at home. A lack of power in Congress to borrow monev 
at such times would leave it unable to ''provide for the com- 
mon defense.'' In other times of distress, such as financial 
panics or extensive droughts, it may be wise for the Govern- 
ment to borrow money, for to try to replenish the treasury 
by increased taxation would be to lessen the people's capacity 
to pay their own private debts and provide for their own wants. 



POWER TO BORROW MONEY. 69 

70. Bonds. — Congress usually exercises this power ot 
borrowing- money by authorizing the President to issue and 
sell the bonds of the United States, which are simply the 
Government's written promises to pay at some future time. 
These bonds thereby become debts that must be paid or re- 
newed when they become due, and the money with which to 
pay them must be raised by some of the methods of taxation 
discussed in Chapter VI. The bonds if payable within a cer- 
tain number of years bear interest, and are made payable at 
the option of the Government, at any time within five, ten or 
twenty years after their issue, but the holder cannot demand 
payment for twenty or thirty or forty years. Thus they are 
called five-twenty, ten-thirty or twenty-forty bonds — for ex- 
ample, at any time after the end of ten years the Government 
can pay off a ten-thirty bond, but the holder cannot demand 
payment until the thirty years have elapsed. By pursuing this 
method the Government can either pay off the bonds at any 
time after the end of the first period, or after that use the in- 
tervening time before they become due to renew them at a 
lower rate of interest. The most of these bonds, now amount- 
ing to over a billion dollars and once to over two billions, were 
issued to obtain money wherewith to carry on the Civil War, 
or in renewal of bonds then issued. But the first bond issue 
was made long before the Civil War, for on February 8, 1813, 
during our last war with Great Britain, Congress authorized 
the President to issue and sell sixteen millions of bonds, the 
money to be used in meeting any expenses of the Government, 
which then were unusually large. The bonds issued to carry 
on the Civil War were at first issued for short periods, and 
the predominant rate of interest was five or six per cent, but 
as the country recovered from the ruin wrought by that war, 
they were renewed at lower rates of interest, so that the late 



yO CIVIL GOVERNMENT OF THE UNITED STATES. 

issues of two hundred millions durino^ the Cuban war were 
made to bear only three per cent, and were for a period of 
ten-twenty years. But all the Government bonds were not 
issued for war purposes. More than two hundred millions 
were issued in 1893 and in 1894 in exchange for gold with 
which to redeem greenbacks and other Treasury notes, which 
according to their terms were redeemable in coin whenever 
presented to the Treasury, and others for the same purpose 
were issued long before that and still others have been issued 
since. 

71. Notes.— If the Government's promises to pay are 
payable on demand or whenever presented to the Treasury, 
they do not bear interest, and are not denominated bonds, but 
"United States notes," because in that form they are much 
like the ordinary promissorv notes of private citizens. They 
are popularly called ''greenbacks," because the devices on their 
backs were printed with green ink. A twenty-dollar note 
simply reads: ''The United States will pay to bearer twenty 
dollars." Notes of the United States were first issued in the 
war of 181 2, and again in the Mexican war, and on May 21, 
1838, Congress authorized an issue of five millions of such 
notes "to meet the current expenses of the Government." Be- 
tween 1812 and 1861, there were ten or twelve issues of notes, 
usually in amounts of five millions each, and in all over fiftv 
millions. Nearly all of them were issued to run for only one 
year, and were made receivable in payment of taxes due the 
Government and by its officers in payment of their salaries. 
But they were not made a legal tender in the payment of 
private debts, nor was it thought in those times that Congress 
had power to make them legal tender. 

The next great issue of the United States notes began at 



POWER TO BORROW MONEY. 7I 

the outbreak of the Civil War. They were issued for the 
purpose of creating a quick emergency fund for raising and 
equipping an army. Many of those then issued, as well as 
all those issued prior thereto, bore interest, and were in all 
respects bonds except that they were made to run for only a 
short time and were in small denominations, so that they could 
be the more readily sold and to a larger number of persons. 
As the expenses of the war rapidly rose. Congress again and 
again resorted to this method of sustaining itself. From the 
outset of the war it made its notes receivable in payment of 
all debts due the Government, and soon they were used to pay 
soldiers and sailors for their services and to purchase their 
supplies, and as the Government found itself in 1863 in the 
throes of a death-struggle, it took the far-reaching step of 
making these notes a legal tender in the payment of all debts, 
public and private, except duties on imports and interest on 
Government bonds, and thus put them into circulation to do 
the work of money, and hence they are also known as "legal 
tender notes." The amount of these notes soon after the war 
was greatly decreased under an act which authorized the Treas- 
ury to issue to the holder in exchange for them an equal 
amount of long-time interest-bearing bonds. Thus all the in- 
terest-bearing notes were retired or destroyed, but in 1868 
Congress prohibited the President from retiring and cancellinp- 
the remaining ones, and by a later law made them redeemable 
in coin whenever presented to the Treasury, and in 1900 made 
them redeemable in gold only. The law which prohibits their 
retirement and cancellation has been re-enacted as^ain and 
again, and is still in force. Whenever these notes are pre- 
sented to the Treasury they are taken up and paid ofif in gold 
and are "reissued and paid out and kept in circulation," and 
hence the amount thereof since 1878 has remained fixed 



72 CI\'1L GOVERNISIENT OF THE UNITED STATES. 

($346,601,016) and will continue to be until Congress author- 
izes the Treasury to pay off and destroy them. 

72. Sherman Notes. — The Government has issued 
other kinds of Treasury notes, notably those issued under the 
act of July 14, 1890, which authorized the Treasury to buy 
not in excess of four million ounces of silver bullion each 
month, and to issue notes in payment therefor, and then to 
coin the bullion into silver dollars, and as fast as that was done 
to take up and destroy the notes. They, too, were made legal 
tender. These notes are often called Sherman notes, because 
Senator Sherman of Ohio was the author of the bill which 
authorized their issue. Many millions of them were issued 
from first to last, but by a late law they are to be redeemed 
with gold or replaced by equal amounts of silver certificates, 
and hence will likely soon disappear from circulation. 

Questions on Chapter VIII. 

1. What about Congress's power to borrow money? (69) 

2. Why should a government have this power? (69) 

3. How does Congress usually exercise this power? (70) 

4. What are bonds? (70) 

5. Are they debts? How are they paid? (70) 

6. Describe the usual interest-bearing bonds. (70) 

7. For what purpose were they issued? (70) 

8. Were all bonds issued for this purpose? (70) 

9. Suppose the Government's obligations are payable on de- 
mand? (71) 

10. What is said of greenbacks? (71) 

11. In what were they finally made redeemable? (71) 

12. Suppose they were redeemed? (71) 

13. What was the efifect? (71) 

14. What is said of Sherman notes? {yi) 



CHAPTER IX. 

POWERS OVER COINAGE, WEIGHTS AND 
MEASURES. 

73. Exclusive Power In Congress. — The Congress 
shall have power "to coin money, regulate the value thereof, 
and of foreign coin, and fix the standard of weights, and 
measures." In connection with this clause should be read 
and considered another (clause i, sec. lo, art. i), which says 
that "no State shall coin money, emit bills of credit, or make 
anything but gold and silver coin a tender in payment of 
debts." These two clauses contain everything found in the 
Constitution on the subject of money. 

The power of Congress to coin money is an exclusive one ; 
that is, it is one which Congress alone can exercise. No State 
could exercise it, whether Congress refused to do so or not, 
for the Constitution clearly says that "no State shall coin 
money." Not so, however, with weights and measures. Con- 
gress has power to "fix the standard of weights and measures," 
and this is a power which it may or may not exercise, as it 
chooses, and until it passes laws on the subject the States may 
do so for themselves, but when it does that no State can longer 
do so. 

No better illustration of the diiterence between a mere 
grant of a power and the exclusive right to exercise a power 
granted to the Federal government can be found in the Con^ 
stitution than is contained in these two clauses. It was more 
than three vears after the Government under the new Consti- 

(73) 



74 CIVIL GOVERNMENT OF THE UNITED STATES. 

tution was inaugurated before Congress passed a coinage law. 
but during that time no State could coin money or regulate 
foreign coins. On the other hand, although Congress has 
always had the power, it has never undertaken to enact a law 
fixing "the standard of weights and measures" except for the 
transaction of its own business, and hence each State has 
passed laws on the subject for itself, and these laws are bind- 
ing, and will continue to be until Congress nullifies them with 
laws of its own. Many powers have been granted to Con- 
gress which it has never seemed expedient or wise to exercisCj 
and hence the States have gone ahead passing laws on the 
subjects and these have always been upheld and will be 
until Congress exercises its power to pass a general law on 
the particular subject, and then so much of the State laws as 
are in conflict therewith must yield to the superior authority 
of Congress. 

For instance, the lands obtained by the Louisiana Pur- 
chase and by the cession to the United States of the Northwest 
Territory, became public lands, which the Government had 
surveyed for the purpose of disposing of them to settlers ; it, 
therefore, had them surveyed by its own surveyors, and in 
order that there might be uniformity in such surveys it directed 
that the acre should be the unit of measure for its lands, and 
that such lands should be surveyed into sections, townships 
and ranges, each containing a certain number of acres, and 
thus it made the table for "square measure" the "standard of 
measure" for land. It has also prescribed that the Troy pound 
shall be the standard of weights at the mints, in measuring 
gold and silver. These things it has done because the selling 
of the public lands and the coinage of money are its business. 
But it has not undertaken to say how many pounds shall 



POWERS OVER COINAGE, WEIGHTS, MEASURES. 75 

make a bushel of wheat or corn or oats, nor whether these 
things shall be measured by bushels or pounds or hogsheads, 
but has left those matters to the States to be regulated as 
each may think will best serve the interests and business of 
its own people. 

74. Necessity For. — The power to coin money is 
placed in Congress in order to facilitate commerce among 
the States and with foreign countries. In order that trade 
may be easily carried on, a dollar should have the same value 
throughout the whole country. Money is the medium of ex- 
change, and coin is the standard of value. It is the measure 
by which the value of other things is determined. It is neces- 
sary for any trade that that measure of value be the same size 
in all the States. In the colonial days the shilling in several 
colonies was 16-/0 cents, and it took six of them to make a 
dollar; in others, it was 12^ cents, or 8 to a dollar; in 
others it was 13^ cents, and in still others, 21V7 cents. This 
difference in the size of these small coins impeded trade among 
the colonies, and created confusion in the public mind. So 
long as each State could determine for itself the size of its 
own coins there would be no uniformity in the moneys of the 
country. On the other hand, if the coins were the same 
throughout the land, they would not only facilitate trade among 
the States, but aid in consolidating the States into "a more 
perfect union." Thus we have two reasons for the exercise 
by the Federal government of this power to coin money ; ( i ) 
to establish uniformity in the moneys of the country and thus 
facilitate trade among the States and with foreign countries, 
and (2) to strengthen the bond of fraternal Union. The ex- 
ercise of this power has quietly done much to make the 
United States a consolidated nation 



yd CIVIL GOVERNMENT OF THE UNITED STATES. 

75. Coining Money. — Congress has taken exclusive 
control over the coinage of money. It has from the first de- 
clared that the coins shall be gold and silver. It has declared 
how many grains of gold each gold coin shall contain and 
how much alloy, and how many grains of silver the silver 
dollar shall contain and how much alloy. It has prescribed 
certain words and devices to be placed on the coins, and it has 
established mints where alone the coins may be struck off, and 
declared that no private person or company or State shall 
make any coins like them. Any person from any part of the 
world can take gold bullion to one of these mints and have 
it turned into gold coins free of cost to himself, and the coins 
when handed back to him are lawful money of the United 
States, and a legal tender in the payment of all debts. This 
is called "free and unlimited coinage of gold." Formerly 
the owner of silver bullion could in the same way take it to 
the mint and have it turned into silver dollars free of cost to 
himself, but this is no longer true. Now whatever silver 
bullion is turned into silver coins, is first bought by the Treas- 
ury, and then coined in such amounts as the Congress may 
direct. But the Congress does not authorize the Treasury to 
buy any gold bullion for the purpose of having it coined. It 
simply provides the mints to which the owner of the gold can 
take it and have it coined. 

76. Coins and Ratio. — The unit of value is the dollar. 
Since 1873 the gold dollar has been the "standard unit of 
value," and on March 14, 1900, Congress declared that "all 
fonns of money issued or coined by the United States shall be 
maintained at a parity of value with this standard." At the 
present time the silver dollar contains 371/4 grains of pure 
silver. It has had this number of grains ever since the passage 



POWERS OVER COINAGE, WEIGHTS, MEASURES. ']'] 

of the first coinage act on April 2, 1792. The gold dollar was 
first anthorized to be coined in 1849, '^^'^'^^ ^^^ coinage was 
stopped in 1890. It had 23.2 grains of pnre gold. The gold 
eagle, or ten dollar gold piece, has 232 grains of ])ure gold. 
The other gold coins are a donble eagle or twenty dollars, a 
half eagle or five dollars. The other silver coins are half 
dollars, quarters and dimes. Standard metal is the product 
after the pure metal has been mixed with copper or other 
alloy, which must be added in order to make the coin hard 
and unbending. It is from: the standard metal that the coins 
are made. Each coin is now about nine-tenths pure or "fine,'' 
and one-tenth alloy. The standard silver dollar, therefore, 
contains 412^ grains of standard silver, and the gold eagle 
258 grains of standard gold. 

It will be observed that the silver dollar contains almost 
exactly sixteen times as many grains as the gold dollar. This 
is what is meant by the ratio of coins being 16 tO' i. It means 
that a silver dollar shall contain sixteen times as many grains 
of silver as there are grains of gold in a gold dollar. The 
ratio was by the first coinage law 15 to i, the law providing 
that "every fifteen pounds weight of pure silver shall be of 
equal value, in all payments, with one pound weight of pure 
gold." This ratio was changed in 1834 to 16 to i, by de- 
creasing the size of the gold coin, the gold eagle being reduced 
from 247^ to 232 grains of pure gold, and such has remained 
its size ever since. 

77. Amount of Money. — Gold and silver constitute 
about two-thirds of the entire volume of the moneys of the 
United States, the gold amounting to nearly one billion one 
hundred million dollars, and the silver coins to about six hun- 



yS CIVIL GOVERNMENT OF THE UNITED STATES. 

dred and sixty millions, and all other moneys to about seven 
hundred and fifty millions. 

78. Gold Certificates. — Gold and silver coins have 
always been moneys of the United States. But the coins 
themselves are heavy and often inconvenient to carry. To 
overcome this inconvenience and keep them in constant use. 
Congress has provided for gold certificates and silver cer- 
tificates. Under the law any person who has as much as $ioo 
in gold coins, can take them to the Treasury of the United 
States, deposit them there and take out an equal amount of 
gold certificates, no more, no less. These certificates look much 
like greenbacks except the devices are printed in orange instead 
of green ink. They are simply receipts stating that there has 
been so much gold deposited in the Treasur}' for their redemp- 
tion. For instance, a $20 gold certificate reads : "This is to 
certify that there have been deposited in the Treasury of the 
United States twenty dollars in gold coin payable to the 
bearer on demand." The gold when so deposited is not used 
to pay any current expenses of the Government, but is held 
as a sacred fund for the redemption of the certificates when- 
ever presented, and, hence, any holder of the certificates may 
present them at the Treasury at any time and get an equal 
amount of gold coin, and thereupon the certificates are de- 
stroyed. The certificates, therefore, in the hands of the people 
pass current as so much gold. They are more portable and con- 
venient than the coins, and that is the reason for their ex- 
istence. 

79. Silver Certificates. — For the same reason the 
owner of silver dollars can take them to the Treasury, 
deposit them there, and take out an equal amount of silver 
certificates ; in fact, there is better reason for this pro- 



rOWEKS OVER COINAGE, WEIGHTS, MEASURES. 79 

vision for silver certificates than for the one for gold 
certificates, since silver coins in proportion to their value 
are heavier than gold coins, a silver dollar being as heavy 
as sixteen dollars in gold. As a result proportionately far more 
silver certificates are in circulation than gold ones. The 
amount of silver certificates is more than four-fifths of the 
entire amount of silver dollars in existence, while the amount 
of gold certificates is not one-third the amount of gold coin. A 
five-dollar silver certificate reads this way : "This certifies 
that there have been deposited in the Treasury of the United 
States of America five silver dollars payable to the bearer on 
demand." 

80. Denominations. — Silver certificates are in denomi- 
nations of one, two, five and ten dollars, and one-tenth of the 
whole amount in denominations of twenty, fifty and one- 
hundred dollars. Gold certificates arc in denominations of not 
less than twenty dollars, and at least one-fourth of the entire 
amount in not less than fifty dollars, and even a ten-thousand 
dollar gold certificate payable to order may be issued. Hence, 
the denominations of the two kinds of certificates somewdiat 
corresponds tO' the relative weights of the two kinds of coins. 

81. Subsidiary Coin. — It never has been true in this 
country that the holder of either silver or gold bullion could 
have them turned into coins of less size than one dollar. No 
gold coin of less size than one dollar has ever been coined, and 
all silver coins of less size than one dollar have been coined by 
the Government itself, that is, it buys the silver bullion and has 
it turned into half dollars, quarters and dimes. These are 
called "subsidiary silver coins" or "fractional currency." They 
are necessarv for small business transactions and to make 



8o CIVIL GOVERNMENT OF TPIE UNITED STATES. 

exact change. To aid them the Government has also provided 
a five cent piece called a "nickel," and one cent pieces made of 
copper. The entire amount of subsidiary coins is now nearly 
one hundred million dollars. 

82. Emergency Moneys. — The amount of gold and sil- 
ver actually coined has never been sufficient to do the work 
required of a medium of exchange, and consequently at various 
times Congress has provided for temporary or cmcrgeiiicy 
moneys to supplement these coins. These are (i) greenbacks, 
(2) other Treasury notes and (3) bank notes. The greenbacks 
and other Treasury notes have already been discussed in sec- 
tions 71 and y2. 

83. Bank Notes. — The third kind of emergency money 
is bank notes. The Government permits a national bank to 
invest any part of its capital stock, even the whole of it, in 2 
per cent Government bonds, and, by depositing these bonds 
in the Treasury as security that they will be paid, to "issue 
and circulate as money" an equal amount of its notes, which 
are by law made receivable by the Government in payment of 
all debts due it except duties on imports, and in payment of 
all debts owing by it to individuals except interest on the 
public debt, which is payable in gold. Thus they are made to 
pass current as money, although they are not legal tender in 
the payment of private debts. A bank note reads about as 
follows : ''The Third National Bank of Saint Louis, Mis- 
souri, will pay to the bearer fifty dollars on demand. This 
note is secured by bonds of the United States deposited with 
the United States Treasury at Washington." 

A bank whose notes are permitted by law to pass as cur- 
rency is called a bank of issue. Formerly State banks were 



row KKS ()\'EK COINAGE, WEIGHTS, MEASTKES. 8l 

l)anks of issue, but that is no longer the case. Congress many 
vcars ago forced such banks to cease to issue their notes by 
levying an annual tax of ten per cent on their notes — a tax 
SO' high as to make the notes unprofitable. This law is still 
in force, hence, the only banks of issue now are national banks, 
on whose notes the Government levies an annual tax of one- 
half of one per cent for the purpose of having on hand at all 
times a fund which may be immediately used to redeem the 
notes of any national bank that may fail. If a bank fails, the 
Treasury sells the bonds held by it belonging to the bank, for 
gold, and replaces whatever part of the fund it ma}' have used 
to redeem the notes of the defunct bank, and turns over the 
balance to the bank's officers to be used in paying its other 
debts. 

84. Bills of Credit. — The Constitution further provides 
that no State shall "emit bills of credit" or "make anything 
but gold and silver coin a tender in payment of debts." "Bills 
of credit," as here used, mean paper money, and "to emit bills 
of credit" is to issue the notes of the State redeemable at sonic 
future time, and cause them to circulate as money. In the 
days prior to the adoption of the Constitution every State had 
issued its notes, and provided that they should be received by 
all State officers in payment of their salaries and by tax col- 
lectors in payment of debts due the State. These notes 
originated in the inability of the State to pay its current ex- 
penses as they rapidly increased during the Revolutionary 
war. The State, therefore, attempted to run on credit, or to 
support itself by borrowing money. The notes were simply 
promises to pay so much money, and they were made redeem- 
able in moncA' within a certain number of vears. As the State 



82 CIVIL GOVERN MENT OF THE UNITED STATES. 

received them in payment of taxes and compelled its officers 
to receive them in payment of their salaries, other people also 
took them from the officers at their face value so long as they 
believed the State would be able to pay or redeem them in 
actual money, that is, gold or silver. But as the burdens of the 
war became heavier and the amount of these notes increased, 
and the State showed no ability to redeem them, they became 
worth less than par, and in some cases not more than 15 per 
cent of their face value. Then the State, apparently in an 
effort at self-preservation, took another very important step, 
just as our Congress afterwards did in regard to the green- 
backs : it made its notes legal tender in the payment of all 
private debts, and thus attempted to force them into circula- 
tion as money, with an increased value. 

The Constitution took away from the States the power 
not only to issue paper money, but also to make anything ex- 
cept gold and silver coin a tender in payment of debts. A 
State cannot compel a private citizen to accept greenbacks in 
payment of debts owing them, but it has been held by the 
Supreme Court that Congress may do so. If Congress had 
no law on the subject, the State could not compel the holder 
of your note to accept in payment anything except gold or 
silver coin, unless the note itself contracted that it might be 
paid in something else; but if the contract provided that it 
should be paid in something else (for instance, 100 bushels of 
v/heat) the State could compel the holder to accept that other 
thing, or gold and silver coin, in payment. But Congress has 
provided that private debts may be paid in any lawful money, 
and it has made greenbacks and gold and (when not other- 
wise provided in the contract) silver dollars, lawful money, 
and at times declared other things also to be lawful money. 



POWERS OVER COINAGE, WEIGHTS, MEASURES. 83 

But the provision prohibiting a State from emitting bills 
of credit does not mean that the State cannot issue its notes 
to be sold for nioney. It can borrow money whenever it 
wishes, and it can settle its debts with those it owes by issuing 
its notes to them in payment, if they are willing to accept 
them, but it cannot compel them to receive them, nor can it 
make the notes circulate as money, 

85. Counterfeiting. — As a necessary incident of the 
power of Congress to coin money, it is also given the power 
"to provide for the punishment of counterfeiting the securities 
and current coins of the United States." Counterfeiting is the 
making or uttering of spurious or imitation money, bank notes 
or notes or bonds of the United States. Sometimes dishonest 
and thieving persons try to make silver or gold coins out of 
some cheap or spurious metal so nearly like the genuine coins 
that ordinary persons will not readily detect their false char- 
acter. This is counterfeiting, as is also an attempt to pass 
such counterfeits, and as is the making or selling or passing 
by private persons of greenbacks or other notes or bonds 
purporting to be issued by the Government or banks. 

Volume of Money. — The volume of money in the United States on 
.Tune 30, 1902, as shown by the Report of the Director of the Mint, was as 
follows : 

Gold bullion (in the Treasury) $124,083,823 

Gold coin 1,068,311,784 

Silver dollars 540,175,161 

Subsidiary silver coin 07,183,762 

Total metalic money $1,829,754,530 

United States notes (old issue) 346,681,016. 

Treasury (Sherman) notes 30,000,000 

National bank notes 356,072,091 

Total notes $733,353,107 

Grand total $2,563,107,637 



84 CIVIL GOVERNMENT OF THE UNITED STATES. 

Questions on Chapter IX. 

1. Repeat the two clauses of the Constitution on the sabjvct 
of money, {y^,) 

2. Is the power of Congress to coin money exchisive? {7:^} 

3. Could a State at any time coin money? {y2>) 

4. Can a State fix the standard of weights and measures? (7^) 

5. Suppose Congress should do so, could a State then enact 
such a law? (73) 

6. In what instances has Congress undertaken to fix a stand- 
ard of weights and measures? (7s) 

7. Why is the power to coin money placed in Congress? (74) 

8. What is money? What is coin? (74) 

9. What was the effect of a variable shilling in the colonial 
days? (74) 

10. What two reasons, then, for the exercise by the Federal 
government of this power? (74) 

11. What metals are used for coins? (75) 

12. How does Congress regulate their coinage? (75) 

13. What can the owner of gold bullion do with it? (75) 

14. Can the owner of silver bullion do that? (75) 

15. What is the unit of value? The standard of value? (76) 

16. What has Congress declared? (76) 

17. How many grains of pure silver and standard silver in a 
silver dollar? (76) 

18. How many grains of pure gold and how many of standard 
gold in the gold eagle? (76) 

19. What are the gold coins? The silver coins? (76) 

20. What was at first the ratio? (76) 

21. When and how was it changed? (76) 

22. What are the amounts of silver, gold and all other moneys 
in the United States? (77) 

23. What is meant by gold certificates? (7S) 

24. Why are they issued? (78) 

25. What is said of silver certificates? (79) 

26. What are the denominations of these certificates? (80) 

27. What is said of subsidiary coins? (81) 

28. Why has Congress issued emergency moneys? (82) 

29. What are they? (82) 

30. What amount of notes may a national bank issue? (83) 

31. How are they secured? (83) 



POWERS OVER COINAGE, WEIGHTS, MEASURES. 85 

;i2. For what are they receivable? (83) 
23. Are they legal tender? (83) 

34. What is a bank of issue? (83) 

35. Why are national banks now the only banks of issue? (83) 

36. If a national bank fails how are its notes made good to 
the holders? (83) 

S7. What are bills of credit and what is meant by issuing bills 
of credit? (84) 

38. Can a State do that? (84) 

39. Give the history of bills of credit prior to the adoption of 
the Constitution. (84) 

40. Can a State compel one to accept anything except gold and 
silver in payment of debts? (84) 

41. Can Congress? (84) 

42. In what may private debts be paid? (84) 

43. Can a State issue notes not to circulate as money? (84) 
4-|. What is counterfeiting? (85) 



CHAPTER X. 

NATURALIZATION AND BANKRUPTCIES. 

86. Congress is also given power ''to establish an uni- 
form rule of naturalization and uniform larcvs on the subject 
of bankruptcies throughout the United States." 

87. Naturalization is the act by which the rig-hts and 
privileges of citizenship are conferred on persons born in other 
countries. When such a person is naturalized he becomes a 
citizen of the United States and of the State in which he 
resides. The laws under which he is naturalized were enacted 
by Congress, and are the same for all the States. 

Under them any foreigner, if "a free white person or an 
alien of African nativity or a person of African descent" may 
make application to the circuit court of any State, or to any 



86 CIVIL GOVERNMENT OF THE UNITED STATES. 

circuit court or district court of the United States, or to the 
clerk of any such court, to become a citizen of the Untied 
States, and two years thereafter he may be admitted to^ citizen- 
ship by any of said courts if at that time he has continuously 
been a resident of the United States for five years and for at 
least one year of the State in which such court is held. His 
residence during that time must be proved by the oath of other 
persons who are "citizens, and he must himself under oath 
renounce all allegiance to every other sovereign, and especially 
to the country from which he came, and pledge himself to sup- 
port the Constitution, and true allegiance bear to the United 
States. 

If he meets these conditions he is admitted to citizenship 
and thereafter has all the protection and privileges that the 
law extends to other citizens, and his children who are at the 
time under twenty-one years of age are also citizens, as is of 
course also his wife. The application for citizenship is popu- 
larly described as "taking out the first papers." It does not 
admit the applicant to citizenship. He must still wait for two 
years before he can become a citizen, even though he has then 
been a resident of this country for eight or ten years, and he 
must in any event wait until he has been for five years a resi- 
dent of the United States and for one year of the State in 
which the court is held by which he is finally admitted. He 
may make his application in one State and be admitted in 
another. 

88. Naturalization of Minors. — Sometimes a boy un- 
accompanied by his father comes to this country with a view 
of making it his home. Sometimes the parents of the alien- 
born child come to this country and die without having been 
naturalized themselves. If anv such minor resides in the 



NATURALIZATION AND TAN KRUTTCI KS. B7 

United States three years before he reaches the age of twenty- 
one, he can two years after reaching that age be admitted to 
full citizenship without having made a previous application. 
In other words, such minor is not required to take out "first 
papers." But if he has not resided in this country for the 
three years before becoming tw^enty-one, he must make his 
application just as other adults. 

89. Who May Become Citizens. — The law of Congress 
is that "aliens being free white persons and aliens of African 
nativity and persons of African descent" may be naturalized. 
The fourteenth amendment to the Constitution says that "all 
persons born or naturalized in the United States and subject 
to the jurisdiction thereof, are citizens of the United States 
and of the State wherein they reside." These twO' provisions 
fix the limits of citizenship. No Chinaman, no Japanese, nor 
other Mongolian, unless born in Africa, can be naturalized, 
because he is neither a free white person nor of African nativ- 
ity. Free white persons, wdiether born in Europe, Asia, Africa, 
South America or elsewhere, may be naturalized. Persons of 
African nativity or of African descent may be also, whether 
they came to us directly from Africa or from the isles of the 
sea or Canada or elsewhere. But the yellow or copper-colored 
peoples are not permitted to become naturalized ; only free 
white persons, and persons who w^ere born or whose ancestors 
were born in Africa. This provision in practice confines nat- 
uralization to aliens belonging tO' the white and black races, 
and shuts out those belonging to the yellow or copper-colored 
races of Asia and Australia and elsewhere except Africa. But 
all persons born in the United States except Indians are citizens 
without naturalization. Indians, though born h^re, are not 
citizens because not "subject to the jurisdiction of the United 



8S CIVIL GOVERNMENT OF THE UNITED STATES. 

States." But Chinese and Japanese and Mexican cliildren 
born in tb.e United States are citizens, if their parents were 
citizens. And all other persons born in this country whether 
their parents were naturalized or not are citizens, if such parents 
were permanent residents here. And persons actually born 
outside the limits and jurisdiction of the United States are 
considered to have been "born in the United States" if their 
parents were American citizens at the time of their birth. 

90. Citizens and Voters. — It is necessary to distinguish' 
between citizens and voters. Congress declares who are citi- 
zens, but the States say what citizens may vote. The wives oj. 
naturalized or native persons are citizens, but in most States 
they are not voters. Minor children born in the United States 
and those of naturalized persons are citizens, but they are not 
voters. And in some States men over twenty-one years of 
age whether naturalized or natives, are not permitted to vote, 
because they cannot read, or have not paid taxes, or have been 
convicted of crime. .\nd in some States, among them Mis- 
souri, "every male person of foreign birth who may have de- 
clared his intention to become a citizen, not less than one year 
nor more than five years before he offers to vote, if twenty- 
one years of age," may vote, without waiting to be admitted 
to citizenship. This strange provision permits persons to vote 
who are not citizens, and who may not become such for four 
years, for all it requires is that the foreign-born man shall have 
resided in the State one year and one year before the election 
shall have taken out his first papers. 

But let no one despise his citizenship because he can not 
vote. By being a citizen he can invoke the powers of this 
Government for his protection anywhere in the world. He has 
the rio-ht to own land in this country, and in all other thiup-s. 



NATURALIZATION AND P.AN KRUl'TCI RS. 89 

except that of votini^:, has the sanie property rig;hts and the 
same civil rights as the citizen who votes. 

91. Bankruptcies. — A bankrupt is an insolvent debtor, 
or one about to fail in business because of an inability to pay 
his debts. The purpose of a bankrupt law is to enable him to 
be discharged from his debts by turning over to the court all 
his property to be divided ratably among those he owes. The 
principle behind such a law is that if a debtor owes a numbei 
of debts, all equally just, and cannot pay all, it is not right 
that all his property be seized to pay the debt of one or two, 
but that all should have a ratable share in his property. Such 
a law, therefore, permits him to go into court and make an ex- 
hibit of the property he owns which can be used for paying his 
debts, and ask the court to turn it into money and divide up 
the proceeds among all his creditors, giving to each his pro- 
portionate share, and, that having been done, that he be dis- 
charged from any further payment of such debts, and be per- 
mitted to start anew, with all his prior debts cancelled. 

92. Kinds. — There are two classes of bankrupts, vol- 
untary and involuntary. The z'ohiiifary bankrupt is any debtor 
who of his own motion goes into court and prays to be dis- 
charged from the payment of his debts. If he shows himself 
hopelessly in debt, the court will grant his prayer, however 
small his debts or whatever may be his business. The iiivoliin- 
tary bankrupt is the debtor wdiose creditors force him into 
bankruptcy. "Any natural person, except a wage-earner or a 
person engaged chiefly in farming or the tillage of the soil, 
or any partnership, or any corporation, engaged principally in 
manufacturing, trading, printing, publishing or mercantile pur- 
suits, owing debts to the amount of one thousand dollars or 
over, may be adjudged an involuntary bankrupt," upon a show- 



90 CIVIL GOVERNMENT OF THE UNITED STATES. 

ing that he has concealed or disposed of his goods in a way to 
delay or hinder or defraud his creditors. 

93. How Far Applicable. — Whether the procedure b-.: 
voluntary or involuntary, the law does not allow the bank- 
rupt's homestead to be sold to pay his debts, nor his other 
property which by State laws is exempt from the sherifif's levy. 
But there are certain debts which the law does not relieve the 
bankrupt from paying. He cannot be discharged from paying 
a debt which originated in fraud, nor one due by him as ad- 
ministrator to the heirs of a deceased person, nor one due by 
him for taxes, nor one due by him for money placed in his 
hands to be held by him as trustee for the use and benefit of 
others, but which he has lost or squandered. All these debts 
he must pay, whether he takes the benefit of the bankrupt law 
or not. 

94. History of Bankrupt Laws and Necessity For. — 

The power given to Congress ''to establish uniform laws on 
the subject of bankruptcies throughout the United States," is 
one which Congress has rarely exercised. The first law on the 
subject was passed in i8oo and repealed three years later ; the 
next in 1841, and repealed within eighteen months; the next, 
passed in 1867, had a little longer life than its predecessors, for 
it was not repealed for eleven years ; the next came in 1898, 
and is still in force. The first three were unpopular, and for 
three reasons : first, there was a general belief, grounded upon 
experience, that they were a mere sponge to wipe out indebted- 
ness, not only of honest debtors, but of dishonest ones, as well ; 
and that instead of proving of real value to creditors, they 
encouraged the contracting of debts and lessened the dread of 
debt ; second, the waste and expense of proceedings in bank- 
ruptcies, the fees of the commissioners and other officers 



NATURALIZATION AND BANKRUPTCIES. 9I 

absorbing much of the fund ; third, the confusion and htiga- 
tion resulting from a conflict of such laws with State laws on 
the same subject. But the law of 1898 has so far worked with 
more satisfaction. Under it the proceeding is speedier than 
under the former ones, nor is it so expensive and wasteful. 
Besides, the necessity for such a law is now more apparent 
than formerly. Railroads have brought business communities 
close to each other ; trading between citizens of different 
States is constantly increasing. "Uniform laws on the sub- 
ject" are, therefore, made more and more necessary for easy- 
working business. But it should also be remembered that Con- 
gress has performed its full duty in the matter when its laws 
result in such uniformity. It should exercise this power only 
when it is clearly necessary for peaceful and prosperous com- 
merce among the States. Unless the laws of the various 
States are in hopeless and hurtful confusion, there is no neces- 
sity for Congress "to establish uniform laws on the subject of 
bankruptcies." 

Questions on Chapter X. 

1. What does the Constitution say of naturalization and bank 
ruptcies? (86) 

2. What is naturalization? (87) 

3. By whom were naturalization laws enacted? (87) 

4. Who may be naturalized? (87) 

5. How? (87) 

6. What must he renounce and pledge? (87) 

7. What does he gam by being naturalized? (87) 

8. How is the application usually described? (87) 

9. Does it admit the applicant to citizenship? (87) 

10. Does it admit him to the right to vote in Missouri? (90) 

11. How may a minor become naturalized? (88) 

12. Who are citizens? (89) 

13. What persons may and what may not be naturahzed? (89) 



92 CIVIL GOVERNMENT OF THE UNITED STATES. 

14. What persons born in the United States are not citizens? 
(89) 

15. What persons born here are? (89) 

16. Distinguish between citizens and voters. (90 

17. What may a citizen do although not a voter? (90) 

18. What is a bankrupt? (91) 

19. What is the purpose of a bankrupt law? (91) 

20. What is the principle behind such a law? (91) 

21. What does such a law permit the bankrupt to do? (91) 

22. How many kinds of bankrupts? (92) 

22,. Who may be a voluntary bankrupt? (92) 

24. Who, an involuntary bankrupt? (92) 

25. Who may be adjudged an involuntary bankrupt? (92) 
When? (92) 

26. What property cannot be taken to pay the bankrupt's debts? 
(93) 

27. What debts is he not relieved from paying? (93) 

28. Recite the history of bankrupt laws. (94) 

29. Why were the first three unpopular? (94) 

30. Why is the law of 1898 more satisfactory? (94) 

31. Why is there greater necessity for a bankrupt law than 
formerl}^? (94) 

'T^2. When has Congress performed its full duty on the sub- 
ject? (94) 



CHAPTER XI. 

THE POST OFFICE. 

95. Postal Department. — The Constitution ^^ives Con 
gress power "to establish post offices and post roads." The 
exercise of this power has been one of the strong forces in 
unifying and assimilating the American people. A uniform 
system of speedily carrying letters, papers, magazines, books, 
and other small articles to every part of our country and to 
foreign lands, at small cost, has been patiently worked out, and 



THE POST OFFICE. 93 

as a result of this means for the general diffusion of intelli- 
gence, not only has commerce and every kind of industry been 
quickened and facilitated, but the printing of newspapers, mag- 
azines and books has become profitable and a reading habit 
encouraged, so that the people have come more and more to 
know and understand each other, to have their sectional preju- 
dices dissipated, to take a more intelligent and brotherly in- 
terest in each other's welfare, and to become more and more 
alike in their social customs and in their religious and political 
views. So we may say that the postal system has been a 
powerful agency in solidifying the American people into a 
homogeneous and enlightened nation. 

96. Postal Routes. — Under this clause of the Constitu- 
tion the Congress could build post-roads of its own, and hold 
them for its exclusive use, but it has rarely undertaken to do 
that, and for two reasons : First, there have always been able 
and patriotic men who have held, and it seems now to be gen- 
erally admitted, that it was not intended by this clause to give 
Congress power to build post-roads at will, but only such as 
an efficient system clearly requires. Second, the public roads 
established under State law, and the railroads and boat and 
ship lines afford suft'icient ways, at much less expense, of sup- 
plying every community with mails, and therefore post-roads 
built and owned by the Government are unnecessary. Mails 
can always be carried on trains, boats and hacks that also carry 
passengers. It would be very expensive for the Government 
to build and own railroads and steamboats and rock roads for 
the sole purpose of carrying the mails, and if it undertook to 
lessen the expense by carrying passengers and freight, it would 
thereby enter into competition with private citizens engaged in 
a like business — a thing a popular government cannot justly 



94 CIVIL GOVERNMENT OF THE UNITED STATES. 

do. The Congress has, therefore, by a general law, declared 
that all railroads, all navigable waters of the United States, all 
canals, all pike and toll roads and all public roads, are post- 
roads, and then authorized the Postmaster-General, who is the 
chief officer of the Postal Department, "to establish post oiTices 
at all such places on post-roads as he shall deem expedient," 
and to contract for the carrying of mail's along such post- 
roads. He contracts with railroads, and steamboats, and ships 
and the owners of hacks and horses, to carry the mails at 
regular intervals each day or each week. The Government 
furnishes bags and pouches in which the mails are carried^ 
and charges all senders of mail the same rates for carrying 
their letters and packages. It appoints a postmaster for each 
post office, and furnishes him as many assistants as he needs, 
and pays him and them for their services. In the larger cities 
it builds and owns its own post offices, but in all other places 
it rents the offices. 

97. Classes of Mail Matter. — All mailable matter has 
by law been divided into four classes : first, written matter, 
such, as letters and postal cards, on which the postal rate for let- 
ters is two cents for each ounce in weight or fraction thereof, 
and one cent for each postal card ; second, periodical publica- 
tions, such as newspapers and magazines issued as often as 
four times a year, the postal charges for carrying which are a 
cent a pound when sent by the publisher ; third, miscellaneous 
printed matter, such as books, pamphlets and circulars, in un- 
sealed envelopes or packages not exceeding four pounds, except 
single books, for which the postal rate is one cent for each two 
ounces of weight ; and, fourth, merchandise, not exceeding four 
pounds in weight, for which the postal rate is one cent an 
ounce. The postal charges for carrying second class matter 



THE POST OFFICE. 95 

must bo paid in money, and for the other classes they must be 
paid in stamps. These rates are uniform throughout the United 
States, and are the same whether the mailed article is to be 
carried to the next town or to the furthest town in this coun- 
try or to Alaska, Hawaii, the Philippine Islands, Porto Rico, 
or other island possessions of the United States. They are, 
of course, subject to change, and will be altered whenever 
Congress thinks it necessary. 

98. Classes of Postmasters. — Postmasters are also 
divided into four classes. The first class embraces all those 
whose annual salaries are three thousand dollars or more ; 
the second class, all those whose salaries are less than three 
thousand, but not less than two thousand ; the third class, all 
those whose salaries are less than two thousand but not less 
than one thousand ; and the fourth class, which includes by far 
more than all the others, embraces all those whose annual com- 
pensation is less than one thousand dollars. All postmasters 
of the first, second or third class are appointed by the Presi- 
dent, with the consent of the Senate, and hence their offices 
are called "presidential post offices;" all postmasters of the 
fourth class are appointed by the Postmaster-General, or one of 
his numerous assistants, and need not be confirmed by the 
Senate. All postmasters are appointed for a term of four 
years, but may be sooner removed for cause. 

The class tO' which a postmaster belongs is determined by 
the gross receipts of his office. Thus, all offices whose gross 
receipts amount to $40,000 or more belong to the first class, 
and the salaries of their postmasters are increased above three 
thousand dollars a year in proportion as the amount of the 
gross receipts rise above forty thousand dollars ; for instance, 
the postmaster of an office which yields each year six hundred 



96 CIVIL GOVERNMENT OF THE UNITED STATES. 

thousand dollars in gross receipts is paid a salary of $6,000. 
All offices whose annual gross receipts are between $8,000 and 
$35,000 belong to the second class, and again the salaries of 
the postmasters are correspondingly increased above $2,000 as 
these receipts rise above $8,000 : all oft'ices whose gross re- 
ceipts are above $1,900 and less than $8,000, belong to the third 
class, and the salaries of their postmasters rise above $1,000 a 
year in proportion as the gross receipts rise towards $8,000. 
If the gross receipts of a post office are less than $1,900 a year, 
it is a fourth class office, and the compensation of the post- 
master is determined by the box-rents and stamps cancelled, he 
being allowed a certain per cent of the sums realized from 
these sources. 

99. Free Delivery. — For the purpose of speedily get- 
ting the mails to the people, letter carriers are employed in 
every city of fifty thousand population or over, to make free 
delivery of the mail at the doors of those to whom it is ad- 
dressed, as often as the public business may require it, which 
is usually not less than twice each week day. They may also 
be employed, and usually are, in every city containing ten 
thousand inhabitants or at any post office whose gross receipts 
reach ten thousand dollars a year. These carriers wear a 
uniform dress prescribed by the Postmaster-General, and some 
of them in the very large cities, and in sparsely settled outlying- 
suburbs, are mounted on horses. Throughout any free delivery 
city mail boxes are provided where the people may deposit 
their mails without going to the post office. And for the 
immediate delivery of any letter received at the post office in 
any such free delivery city or in any town of more than four 
thousand inhabitants, a special delivery system has been pro- 
vided, by which for a special ten-cent stamp attached to a 



THE POST OFFICE. 97 

letter in addition to the customary two-cent stamp, a special 
person employed for the purpose immediately on its receipt 
bears the letter to the person to whom it is addressed. 

100. Rural Free Delivery. — In 1896 Congress made a 
small appropriation of money to be used by the Postmaster- 
General, as an experiment, in extending the system of the free 
delivery of mails to persons living in the country. The ex- 
periment proved attractive to the people, and in the next five 
years what is known as "rural free delivery" had grown so' 
maisvelously fast that one-third of all the territory suitable 
for the purpose had been laid off into rural delivery routes, 
and in a short time a million square miles of our country will 
be daily reached by free carriers of mail, and each family in 
that wide extent of territory will be supplied at its own gate 
with the mail conveniences enjoyed by those living within the 
immediate neighborhood of a city post office. The carrier is 
paid $600 a year, travels 15 to 30 miles a day, and leaves the 
mail for each family in a separate box placed at the most con- 
venient spot along the route, but special delivery and registered 
letters he must deliver at the residence of the persons to 
whom addressed or to them in person. He can also sell them 
stamps and envelopes and money orders. Whenever rural 
delivery routes are established "star route" post offices, that is, 
post offices not reached by railroads, are abolished as no lon.2:er 
needed. 

101. Registered Letters. — In order that a patron may 
receive extra protection in the transportation of valuable mail- 
able matter he may, at an extra cost of eight cents, have his 
letter or package registered, and then the postal oft'icials are 
required to keep and dispatch it in the most secure manner, 

7 



98 CIVIL GO\'ERNMENT OF THE UNITED STATES. 

and to trace it all along its route, and to deliver it only to the 
person to whom it is addressed or as he may in writing direct, 
and take the written receipt of the person to whom it is de- 
livered and return this to the sender. If the article is lost in 
transit, the sender may be reimbursed, not to exceed its 
value, up to ten dollars. All mailable matter sent from any 
post office to any part of the United States may be registered, 
and that sent to most foreign countries may be also. 

102. Money Orders. — Each principal post office is au- 
thorized to issue and to pay money orders for sums not Ex- 
ceeding one hundred dollars each. This affords a convenient 
way of sending small amounts of money to any part of this 
country or to foreign countries. A person wishing to send 
money in this way takes it to the postmaster of a money-order 
office and for a few cents obtains a printed-and-written order 
for the amount he wishes to send, and then forwards it to the 
person named therein as payee, and that person can collect the 
amount at the office on which the order is drawn. 

103. The Postal Union.— In 1875, the United States, 
every nation in Europe, and Egypt agreed upon and put in 
operation a uniform plan for the transfer and delivery of 
mails sent b}' an inhabitant of any of those countries to a per- 
son in any other of them. The rate for letters is five cents 
for each half ounce, and a letter with that amount of United 
States postage on it addressed to a person in any of those 
countries and mailed at your post office will be sent on to its 
destination just as it would were it sent to a citizen of another 
State of this Union. The rate for newspapers weighing not 
over two ounces is one cent, and for books and other printed 
matter and patterns of merchandise not exceeding S^i ounces 
in weight, is one cent for each two ounces. But if you should 



TITE rOST OFFICE. 99 

put only a two-cent stamp on your letter, it will be sent on and 
then the person receiving it must pay the balance and five 
cents extra. This international postal system is known as the 
"Postal Union," and now embraces every nation in the world 
except China. But by special agreement mail between this 
country and Canada and Mexico is carried at the same rates 
as is the domestic mail of the respective countries, which is 
almost the same as our domestic rates. But in all international 
mail, care must be taken to exclude dutiable articles. The 
payment of tariff duties cannot be avoided by sending the ar- 
ticle by mail, for if letters or packages are found on examina- 
tion to contain articles on which our laws have laid an impost, 
that duty must be paid before the article will be delivered. 

104. Growth of the Post Office.— The post office ex- 
isted in this country from the earliest settlement, but its de- 
velopment during the colonial days was slow. Slowly it was 
extended between the colonies along the coast, but not till 
1672 was there "a post to go- monthly from New York to 
Boston." As late as 1760 Benjamin P'ranklin startled the 
people by proposing "to run a stage wagon, to carry the mail 
from Philadelphia to Boston, once a week." One of the earliest 
acts of the Continental Congress was the appointment of 
Franklin "to organize a post office and post routes front Fal- 
mouth, Maine, to Savannah, Georgia, for conveying intelli- 
gence and letters throughout this continent," and to spread 
knowledge of the progress of the Revolution among the differ- 
ent colonies, and we are told by the great historian, Bancroft, 
that "he thus came to be known as the first postmaster-general." 
Prior to that time newspapers were mostly printed by the post- 
masters of the several cities, and their papers had not only been 
sent free, but all others were excluded from the mails. Frank- 



lOO CIVIL GOVERNMENT OF THE UNITED STATES. 

lin was the first to give equal privileges to all publishers. But 
because of the hard days that followed the Revolution, the 
postal system was so slowly developed that no postmaster- 
general was provided under the new Constitution until 1792, 
and in 1790 there were only 75 post offices in the whole United 
States, and the entire cost of the system that year was only 
$37>935- Now there are more than a thousand times as many 
post offices as there were then, with an equal number of post- 
masters, and more than as many more clerks and carriers, and 
the annual cost of the department is about one hundred and 
twenty-five million dollars, and the number of letters carried 
each year is about four billions, besides about an equal nun^.b r 
of pieces of all other matter, and yet this immense cost is almost 
met by the sale of stamps and other postal receipts. The trans- 
portation of mails by railroads has largely supplanted the mail 
hack and the slow processes of former times. The Government 
now requires its mails to be carried on the fastest trains, and 
lettefs can be sent to any nation in Europe in less time and at 
less cost than one could be sent from your home to Washing- 
ton sixty or seventy years ago. 

Questions on Chapter XI. 

1. What power has Congress over postal matters? (95) 

2. What effect has the exercise of this power had? (95) 

3. How? (95) 

4. Could Congress build post-roads of its own? (96) 

5. Why has it not done so: the first reason? the second? (96) 

6. What has Congress done instead? (96) 

7. Give some of the details of postal contracts and the postal 
system. (96) 

8. How many classes of mailable matter? (97) What does 
the first include and what are the rates? The second? The 
third? The fourth? (97) 

9. How uniform are these rates? (97) 



VVAR^ INSURRECTION, ARMIES, NAVIES, MILITIA. lOI 

10. How maii}^ classes of postmasters? (98) 

11. What postmasters are embraced in the first class? The 
second? The third? The fourth? (98) 

12. Who appoints them? (98) For what term? (98) 

13. How is the class to which the postmaster belongs deter- 
mined? (98) 

14. What offices belong to the first class? (98) 

15. What to the second? The third? The fourth? (98) 

16. What is said about free delivery? (99) 

17. About rural free delivery? (100) 

18. What is the benefit of registering letters? (lOi) 

19. What is said about postal money orders? (102) 

20. About the Postal Union? (103) 

21. Describe the growth of the postal system. (104) 



CHAPTER XII. 

WAR, INSURRECTION, ARMIES, NAVIES AND 
MILITIA. 

105. War. — Congress is also vested with the extra- 
ordinary power "to declare war, grant letters of marque and 
reprisal, and make rules concerning captures on land and 
water." 

War has been among the worst scourges of mankind. 
It should ever be viewed with horror. ''In its best estate, it 
never fails to impose upon the people the most burdensome 
taxes and bitter personal sufferings. It always involves the 
prosperity, and frequently the very existence of the nation. In 
a republic, which is necessarily founded on peace, it sometimes 
proves fatal to public liberty itself, by arousing among the 
people a fondness for military glory which induces them to 
readily follow wherever a successful commander wall lead." 



102 CIVIL GOVERNMENT OF THE UNITED STATES. 

Few things could be so pregnant with danger to our country 
as a declaration of war. It cannot be justified except as the 
only means of putting an end to unbearable and wide-spread 
wrongs. Horrible as it is, the most civilized nations have at 
times, for their own preservation, been forced to resort to it. 
The Constitution, which is based on the principle that all au- 
thority in a republic is derived from the people, therefore, 
vested this power to declare war, not in the President, but in 
the immediate representatives of the people, who must in the 
end bear its burdens and feel its sufferings. Congress alone 
can declare war, but once declared. Congress has nothing more 
to do with it except to furnish men and means to carry it on. 
The carrying on of the war then becomes a duty of the execu- 
tive department of the Government. The raising and equip- 
ment of troops, the buying or making of guns and cannon, the 
appointing of generals and officers, the planning of campaigns 
and the fighting of battles, are to be done by the President 
and those to whom he shall assign these duties. 

106. Captures. — But Congress makes rules concerning 
what is to be done with captured property in war. Among 
most nations, if the capture is at sea, the vessel and all prop- 
erty on board are divided up among the officers and sailors of 
the vessel making the capture. Enemy's property captured on 
land is sold or destroyed, and captured men are held as pris- 
oners of war till peace is declared, or are exchanged for our 
own captured men of like rank among the enemy. 

107. Letters of marque and reprisal may accompany 
war or may be used as a measure of peace. A reprisal is any- 
thing taken from an enemy in retaliation for a wrong done, 
and marque means border, and a letter of marque and reprisal 
means a license issued by the President to a private person to 



WAR, INSURKI'XTION, ARMIES. NAV11-:S, MILITIA. IO3 

fit out an armed vessel at his own expense, called a privateer, 
and to cruise at sea and make prize of the enemy's ships or 
merchandise. Sometimes lawless persons of other nations 
seize or damage the ships of American citizens or other of 
their property along our horders, and refuse to pay for it, nor 
will their nation make reparation, and thereupon our Govern- 
ment may issue to such private citizens "letters of marque and 
reprisal" which authorize them to seize the bodies or goods of 
the subjects of the offending nation, wherever they may be 
found, until satisfaction is made for the injury. And such 
letters may be issued either in times of war or peace, and if 
issued in times of peace that is done for the purpose of com- 
pelling the oft'ending nation to force its subjects to cease 
their wrongs and to make reparation for those already done 
rather than risk the danger of a general war. But as a matter 
of fact letters of marque and reprisal are now rarely resorted 
to by any civilized nation, either in times of war or peace. 

108. Armies. — Congress has power ''to raise and sup- 
port armies, but no appropriation of money to that use shall be 
for a longer term than two years." The President is the 
commander-in-chief of the army, in war or peace, and its or- 
ganization, equipment, movements and control are conducted 
through the War Department, the chief officer of which is 
the Secretary of War. 

All able-bodied male citizens between the ages of eighteen 
and forty-five years "constitute the national forces" and, with 
the exception of a few specially exempt because of their occu- 
pations or religious belief, are "liable to perform military duty 
in the service of the United States." Male citizens of that ap-e 
are said to be of military age. They may never be called 
upon to perform military duty, but they are liable to be when 



104 CIVIL GOVERNMENT OF THE UNITED STATES. 

Congress has need of them. The army in times of war consists 
of the regular army and the voluntary army. 

109. The Volunteer Army is raised by a call made by 
the President in obedience to a law of Congress, upon the 
various States for volunteers, or by his calling into active 
service the militia of the several States. If the militia and 
volunteer enlistments do not provide a sufficient army, Con- 
gress may direct a conscription, called during the Civil War a 
"draft." Then all men of military age, except the few by 
law exempt, are enrolled for army duty and certain ones of 
them are chosen by lot and compelled to become soldiers or 
hire substituted. 

The five wars this country has had were largely fought 
by volunteers from the farms and shops, and their conduct 
has proved that volunteers make the best soldiers, because the 
most intelligent and patriotic. When the great Civil War 
ended there were a million of such soldiers in arms, and the 
fact that they then peaceably submitted to disbandment and 
quietly went to their homes and took up again the duties of 
civil life is an earnest that our govermnet will continue to 
be a republic. 

110. "The Regular Army is a permanent military estab- 
lishment, maintained in both peace and war, according to law." 
It has been maintained in some size from almost the founda- 
tion of the Government. At first it was used to put down 
Indian uprisings, which frequently occurred suddenly. Then 
as the country grew more thickly populated and turbulent 
characters began to multiply, it was considered necessary to 
preserve peace and order. Now it is used almost entirely in 
the Philippine Islands, Hawaii, Alaska, Porto Rico and other 
places where order is not firmly established. 



WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. I05 

Between the Mexican and Civil wars the army amounted 
to between 4,000 and 6,000 men and officers. As the troubles 
of the Civil War quieted, its size was fixed at 30,000 men, but 
soon afterwards to 25,000, and remained about that size till 
the Spanish war of 1898. At the close of that war, the Philip- 
pine Islands and Porto Rico were added as "island possessions," 
and on February 2, 1901, Congress declared that "the total 
enlisted force at any time shall not exceed one hundred thou- 
sand men," twelve thousand of whom may be natives of the 
Philippine Islands, and one regiment natives of Porto Rico. 
But the President may at any time reduce the size of the army 
to about 50,000 men and officers, and as a matter of fact at 
the end of 1902 the total men enlisted were 59,866, and the 
number of officers on the active list was 3,820. 

Soldiers are divided into three kinds, cavalry, artillery 
and infantry. Cavalry are mounted, artillery handle cannon, 
and infantry are light-arm foot soldiers. About one-fifth of 
the army are cavalry, nearly one-third artillery and the rest 
infantry. The artillery is divided into two branches : coast- 
artillery, which has charge of fortifications along the coast, 
and field artillery which accompanies an army in the field. 

For system.atic management the army is arranged into 
divisions, brigades, regiments, battalions and companies. The 
unit of division of troops is the regiment, which is commanded 
by a colonel, and consists, in the cavalry, of 12 companies, 
each of which may contain 43 privates, but may be increased 
by the President in his discretion to j6, and in the infantry 
to 127. Each regiment may consist of three battalions of four 
companies each. The commander of a battalion is a major, 
and of a company is a captain. The whole army is organized 
into divisions composed of three brigades, and each brigade is 



I06 CIVIL GOVERNMENT OF THE UNITED STATES. 

composed of three or more regiments. The commander of a 
division is a major-general and of a brigade is a brigadier- 
general. 

The officers are edncated and trained at the Military 
Academy at West Point, from cadets appointed by the Presi- 
dent. One cadet is appointed from each Congressional dis- 
trict, two from each State at large, and thirty from the United 
States at large. The privates are recruited or enlisted from 
volunteers throughout the land and each enlistment is for three 
years. 

111. How Supported. — Armies are supported by 
money raised by taxation. In times of war taxes are higher 
and more things are taxed. The cost of the regular army 
is now about 89 million dollars a year, and the entire cost of 
the great Civil War was nearly eight billions. 

But lest a reckless Congress should undertake to commit 
the next Congress to a war and thus make impotent the voice 
of the people against it, or lest the army should get beyond the 
control of the Government, Congress is forbidden to appropri- 
ate money to carry on a war for a longer time than two years. 
Of course at the end of that time the incoming Congress can 
make other appropriations for maintaining the army if they 
consider it necessary that the war should go on. The framer^< 
of the Constitution felt that a great army is always to be 
dreaded in a republic, and hence this provision is made so that 
the soldiers may be disbanded and sent to their homes when 
the war is over, and so that the war may be ended whenever 
the people at the elections demand that it be no longer carried 
on. 

112. Rules and Regulations. — But not only does Con- 
gress have control over the moneys that go to support the 



WAR. TNSUKRPXTION, ARMIKS. NAVTKS, MIIJTIA. T07 

army, but it is given power "to make rules for the govern- 
ment and regulation of the army and navy." The army cannot 
become greater than its creator. Neither can the navy. Each 
must itself be subject to the authority of Congress, and that 
means in the end it must be obedient to the will of the people. 
Congress not only determines how large the army shall be, 
under what rules it shall be organized and do its work, but how 
offenses of soldiers and officers shall be punished, and by 
whom, and if those regulations do not suit the people their 
remedy is to elect a Congress that will make different regula- 
tions. Thus we see that "the military authority must always 
be subject to the civil authority," and that means that armies 
are as much under the authority oi law as is a private citizen. 

113. Navy. — The Congress is given the power "to pro- 
vide and maintain a navy." Navies are supposed to be neces- 
sary to protect our commerce, deter other nations from attack- 
ing our coast and from seizing our trading ships, and to 
quickly protect any citizen who may be lawfully sojourning 
in another land. It is argued that a. strong navy prevents 
war, gives confidence to foreign trade, and enforces respect 
for our country and its authority. In times of war, it fights 
the enemy at sea. It may be said that in the future nearly all 
wars between western nations will be fought at sea. 

Following the rule that, "in times of peace, prepare for 
war," the Government is constantly enlarging and improving 
its navy. At the close of the year 1902 there were completed 
or building 19 first-class battle-ships, 10 armored cruisers, 6 
double-turret monitors, 4 single-turret monitors, 23 protected 
steel cruisers, 12 armored steel gunboats, 16 destroyers, 36 
twin-screw torpedo boats and 8 submarine boats, besides a 



I08 CIVIL GOVERNMENT OF THE UNITED STATES. 

number of other kinds. In all there were 223 vessels fit for 
service and 63 others were being built. 

The first-class battle-ships and monitors are named for 
the States, thus, "The Maine," ''The Missouri." The newest 
battle-ships cost about four million dollars, weigh fifteen thou- 
sand tons or more, and carry each 4 twelve-inch guns, 8 eig-ht- 
inch, and 12 six-inch, and many other smaller or rapid-firing 
guns. The armored cruisers are scarcely less powerful, though 
their armament consists of smaller guns. They are protected 
by five-inch belts of steel, tapering at stem and stern to a 
thickness of three inches, and extending from five feet below 
w^ater line to the upper deck. These vessels travel all over the 
world, and visit any ports where the President may think 
American interests or citizens may be helped by their presence. 

The navy is manned by over 1,300 ofificers and 25,000 
men and during the year 1902 it cost the people nearly sixtv- 
eight million dollars. 

114. Marine Corps. — Attached to the nav3^ though 
not a part of it, is vthe Marine Corps, consisting of 6,000 
marines and over 200 officers. Marines are sea soldiers, that 
is, soldiers trained to do duty w^ith small guns in the navy and 
sent along with armed vessels to aid them in case of a battle, 
or to do duty in forts or garrisons on the sea coast. 

115. Officers of Navy. — The chief officer of the navy 
of course is the President, but its affairs are conducted through 
the Navy Department, over which the President appoints a 
member of his Cabinet, the Secretary of the Navy, wdio super- 
intends the work done by the navy, the movement and con- 
struction of ships, the enlistment of recruits, the appointment of 
officers. The chief active officer of the line is the rear-admiral. 
The classification of vessels and the assignment of officers are 



WAR, INSURRECTION, ARMIES, NAVIES, MILITIA. IO9 

made according to rules formulated by the President, but in a 
o^eneral wav it may be said that a rear-admiral commands a 
squadron, that is, a detachment of vessels employed on a par- 
ticular sea or ocean, that vessels of the first class are com- 
manded by captains, of the second class by commanders, of the 
third class by lieutenant commanders, and that the class of a 
ship depends on the number of guns it carries. The .active 
officers of the navy are educated at the Government's expense 
at the Naval Academy at Annapolis, from students called naval 
cadets, of whom there are five appointed each year from the 
whole country at large, and one for each Senator and Repre- 
sentative appointed on their recommendations every two years. 

116. Militia. — Congress has power "to provide for or- 
ganizing, arming and disciplining the militia, and for govern- 
ing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appoint- 
ment of the officers, and the authority of training the militia 
according to the discipline prescribed by Congress." 

In each State there is a military organization supported 
by the State, called "the militia" or "National Guard." Its 
officers are appointed by the Governor, and it is organized and 
trained by them according tO' rules prescribed by Congress. 
It is composed of local companies of young men who join 
voluntarily for the purpose of receiving military drill, and for 
all the States amounts to about 110,000 men. The United 
States furnishes them with uniforms and guns and all neces- 
sary equipments, and pays the expenses of such portions of 
them as the Governor may designate to engage in actual field 
or camp instruction while so employed. 

If a war comes up and it becomes necessary to raise a 
volunteer army, the President first calls forth the militia of 



no CIVIL GOVERNMENT OF THE UNITED STATES. 

each State, which, being already organized, uniformed and 
parth- trained for army duty, can more quickly be put in tlie 
field than other volunteers, and when thus mustered in or 
"employed in the service of the United States" they at once 
become entirely subject to the discipline provided by Con- 
gress. 

The National Guard is now a part of the reserve forces 
of the United States army, and can at any time, for a period 
not exceeding nine months, be called forth by the President, to 
repel invasion from any foreign nation, or to repress rebellion 
against the authority of the Government, or to execute its laws, 
but until so called forth it remains subject to the orders of the 
Governor of its State, and may be used by him in suppressing 
any riot or other public disorder, and in otherwise enforcing 
the laws and preserving the public peace. 

Of course, the militia constitutes a very small per cent 
of the people, but it may be made to include every man of 
military age in the State, for if the ordinary peace officers and 
the National Guard should prove inadecjuate to execute the 
laws, or suppress insurrection or repel invasion, the Governor 
could compel every male citizen between the age of eighteen 
and forty-five years, except judges, civil officers and persons 
whose religion forbids them to bear arms, to enroll in the 
militia and do his part in preserving the life and authority of 
the State government. Not only that, but another clause of the 
Constitution (art. 4, sec. 4) provides that the United States 
shall protect each State "against invasion and, on application 
of the Legislature or of the Executive (when the Legislature 
cannot be convened), against domestic violence." So we see 
from these clauses how highly the framers of the Constitution 
valued public order and the preservation of authority and 



WAR, INSURKKCTION, ARMIES, NAVIES, MILJTIA. Ill 

government, for under them, the Governor could call to his 
aid, not only all the powers of the State, but the whole armed 
authority of the United States if it were needed to repel inva- 
sion or to put down domestic violence. 

117. Insurrection. — The Congress has power ''to pro- 
vide for calling forth the militia to execute the laws of the 
Union, suppress insurrection, and repel invasions." This 
clause of the Constitution is no less important than the one 
which gives Congress power to declare war. Under it the 
"Whiskey Insurrection" was put down while Washington was 
President, and President Lincoln invoked it as the Union's 
authority for putting down the secession movement. If the 
people were to resist a decision of the United States courts or 
the officers of the Union engaged in enforcing its laws, the 
President, aided by Congress, under this clause could call 
forth as much of the militia as he deemed necessary, if the 
usual officers and the regular army were not able to enforce 
order. Thus, while W^ashington was President, the people of 
western Pennsylvania resisted the officers who were appointed 
to collect the excise tax on distilled spirits, and drove the col- 
lectors out of their counties. When they were indicted by the 
Federal court, they resisted the marshal who came to arrest 
them, and when he came with deputies, they arose to the num- 
ber of two thousand and forced them to flee for their lives, 
and armed and arranged themselves into companies. There- 
upon, under this authority given the Congress "to provide for 
calling forth the militia to execute the laws of the Union," the 
President called 15,000 men into the field from four near-by 
States, put them under the command of Governor Lee of Vir- 
ginia, and suppressed this uprising in short order. This clause, 
then, gives the Congress and the President authority to put 



112 CIVIL GOVERNMENT OF TPIE UNITED STATES. 

down Uprisings against the laws of the Union and to enforce 
the judgments of its courts. 

118. Separate Authority of State and Nation. — It is 

necessary to remember that whether the State or the Union 
first acts in enforcing the law or suppressing public disorder, 
depends on whether it is the authority of the State or the 
authority of the Union that is resisted. If the people should 
resist a law of Congress or defy the authority of. a Federal 
court, the President must act ; but if they resist the laws of 
the Legislature or the authority of a State court, the Governor 
or some other State officer must act. In the Whiskey Insur- 
rection we saw that the people resisted the collection of the 
United States revenue, and when they were indicted for that in 
a Federal court they resisted the authority of the marshal of 
that court who tried to arrest them. The marshal then called 
to his aid some deputies, but they too were overcome. It was 
not the duty of the Governor of Pennsylvania to step in and 
aid the marshal in enforcing the decrees of that court, for the 
uprising was not against the State government, but "the laws 
of the Union." Therefore, when the marshal found "com- 
binations too powerful to be suppressed by the ordinary course 
of judicial proceedings," he called upon the President, who 
being without an army, called forth "the militia to execute the 
laws." In our time, the President, instead of calling forth the 
militia, would first use so much of the regular army as he 'could 
readily send to the place of the disturbance, and if that proved 
insufficient he would call forth the National Guard of the 
States, and if it too was insufficient then Congress would au- 
thorize him to raise a volunteer army. 

But if the uprising were wholly against the authority of 
a State court or were in resistance of the authoritv of a State 



WAR, INSURRECTION, ARMIES, NAVIES, MlLlllA. IT3 

officer, it would first be the duty of the sheriff to undertake t'^ 
restore order and arrest the culprits, and if he and his ordinary 
deputies were not strong enough to do that then his duty would 
be to resort to the posse coinifatus, that is, to summon the men 
of his county to aid him, and if they proved insufficient he 
could call on the Governor, who could send the whole National 
Guard of the State to his aid, and if that proved insufficient 
the Governor could enroll all the men in the State liable to 
military duty, or before he did that, or afterwards, the Legisla- 
ture or (if it could not be convened) the Governor could call 
on the President for help, and the President would then 
send him so much of the regular army as might be needed, and 
if that proved not enough then he could send the militia from 
other States. 

P>ut sometimes the uprising may be against both State 
and National authority. Thus a destructive riot along a rail- 
road might be such. In tearing up the tracks and burning 
cars, the rioters would resist State authority ; in stopping cars 
which carry mail, they would be resisting National authority. 
And in such case, the Governor or President or both may 
suppress them. 

Questions on Chapter XII, 

1. With what extraordinary power is Congress vested? (105) 

2. Can the President declare war? (105) 

3. Who carries it on after it is declared? (105) 

4. What is done with men captured in war? (106) 

5. State what you understand to be meant by letters of marque 
and reprisal? (107) 

6. What are the powers of Congress in reference to armies? 
(108) 

7. How is the organization, etc., of any army conducted? (108) 

8. Who constitute the national forces? (108) 



114 CIVIL GOVERNMENT OF THE UNITED STATES. 

9. What are citizens of that age said to be? (108) 

10. How is the army divided? (108) 

11. How is a voluntary army raised? (109) 

12. What is a conscription? (109) 

13. By whom have the wars of this country largely beer, 
fought? (109) 

14. How many of such soldiers at the close of the Civil War. 
and what did they then do? (109) 

15. What is said of the regular army? (no) 

16. What is now its size and what was it previously? (no) 

17. How are soldiers divided? (no) 

18. How is the army divided? (no) 

19. What is the size of a regiment and of a company? (no) 

20. How many battalions in a regiment? (no) 

21. Name the commander of a company, a battalion, a regi- 
ment? (no) 

22. How is a brigade and a division composed? (no) 

23. Who commands them? (no) 

24. Where are officers educated? (no) 

25. How are armies supported? (in) 

26. What is the present cost of the regular army? (in) 

2."]. Why are appropriations for a war forbidden for a longer 
time than two years? (in) 

28. How about regulations for the army and navy? (112) 

29. Why should Congress have this right? (112) 

30. Must military authority be subject to law? (113) 

31. Why is a navy supposed to be necessary? (113) 

32. Name some of the vessels belonging to the navy in 1902? 
(118) 

2i:S- How are first class battle-ships and monitors named? 
(113) 

34. Describe a new battle-ship. (113) 

35. What is the size and annual cost of the navy? (113) 

36. What are marines? (114) 

Z"]. Who is the commander in chief of the army and navy? 
(io8 and 115) 

38. How are the affairs of the navy conducted? (115) 

39. Discuss the classification of vessels and assignment of of- 
ficers in the navy. (115) 

40. Upon what does the classification of a ship depend? (115) 



WAR, INSURRECTION, ARMIES, NAVIES, INIILITIA, II5 

41. How are naval officers educated? (115) 

4.2. What power has Congress in reference to the militia? (116) 

43. How is the militia of each State organized? (116) 

44. Describe what is done when a war comes on. (116) 

45. What is said of the National Guard? (116) 

46. How large may the militia become? (116) 

47. When and how might that be done? (116) 

48. What is provided by another clause of the Constitution? 
(116) 

49. What may the Governor do to repel invasion or put down 
domestic violence? (116) 

50. What other important power has Congress? (117) 

51. On what two important occasions was this power invoked? 

(17) 

52. If the people were to resist the officers of the Union or 
the authority of the Federal courts, what could the Presi- 
dent do? (117) 

53. Describe how this was done in the Whiskey Insurrection? 
(117) 

54. What authority then does this clause give Congress and 
the President? (117) 

55. Whe.ther the State or Union first acts in suppressing pub- 
lic disorders, depends on what? (118) 

56. If a law of Congress or the authority of a Federal court is 
resisted, who must act? (118) 

57. If the laws or authority of a State are resisted, who must 
act? (118) 

58. Give an example. (118) 

59. What would the President now do instead of calling forth 
the militia? (118) 

60. Describe the course that would be pursued if the uprising 
were wholly against the State authority. (118) 

61. If the uprising were against both State and National au- 
thority who would suppress it? (118) 



CHAPTER XIII. 

POWERS DENIED TO THE UNITED STATES. 

119. Importation of Slaves. — The Constitution (art. i, 
sec. 9, par. i) said that Congress should not prior to 1808 
prohibit "the migration or importation of such persons as any 
of the States now existing shall think proper to admit." This 
meant that Congress could not prohibit the importation of 
-slaves into the United States prior to 1808. 

It was the first public act by any nation in the world 
against the then prevalent sin of capturing negroes in Africa, 
bringing them tO' the new world and selling them into slavery, 
and while it did not and was not intended to put an immediate 
stop to that traffic, yet when the year 1808 had arrived Con- 
gress lost no time in prohibiting, by severe penalties, the im- 
portation of "such persons" into this country. "For some 
reason the words slave or negro or "persons of African 
descent'' are not used in this clause, but it has always been 
admitted that it refers to the African slave-trade. Since 
slavery has long since been abolished the clause is now only 
of historical interest, first, as indicating how slavery was then 
regarded, not only by the framers of the Constitution, but by 
the States which adopted it, and, secondly, as containing one 
of the powers denied to Congress. 

120. Habeas Corpus. — The Constitution says (art i, 
sec. 9, par. 2) that "the privileges of the writ of habeas corpus 
shall not be suspended unless when in cases of rebellion or 
invasion the public safety may require it." 

(116) 



POWERS DENIED TO THE UNITED STATES. II7 

The words habeas corpus are Latin words, w^iieh mean, 
"have you the body," and the writ of habeas corpus is a sum- 
mons to a sheriff or other oft'icer commanding- him to have the 
body of the accused person before the court forthwith, and 
to show by what authority he deprives him of his Hberty, and 
when the officer makes return to that summons the court puts 
aside all other business and proceeds at once to determine 
whether or not the accused is being legally held, and if he is 
not he is discharged. In former times men were arrested on 
suspicion, or because the mob raised an uproar against them, 
or because the officer or the king hated them. They were con- 
fined in prison on mere oral charges, or without any formal 
accusation in writing, or without trial. Such things could not 
occur in our country. Now when a person is arrested, a war- 
rant, in which is formally stated the crime he is charg-ed with 
having committed, must be issued by the court, either before 
or immediately after his arrest, and if that is not done, not only 
is the officer holding him and his bondsmen liable to him for 
damages, but he can go to any higher court, even the highest 
in the State, and in some instances even to the Supreme Court 
of the United States, and immediately by habeas corpus obtain 
his discharge. It matters not whether the person has been 
convicted of crime or not, the officer holding him must always 
be prepared to show some formal authority for restraining him 
of his liberty, or he can be released on habeas corpus. 

The great purpose of the writ of habeas corpus is to force 
courts to give an accused a fair, speedy, public trial by a jurv 
according to the forms of law, and to restrain sheriffs and 
other officers from arbitrary and cruel arrests and from acting 
as judges themselves. It can be suspended only in times of re- 
bellion or invasion. 



Il8 CIVIL GOVERNMENT OF THE UNITED STATES. 

121. Bills of Attainder and Ex Post Facto Laws. — The 

Constitution also says that "no bill of attainder or ex post 
facto law shall be passed." A hill of attainder is a legislative 
act that inflicts punishment without judicial trial. A bill 
brought into Congress or a Legislature, condemning to pun- 
ishment the person named, without a sentence or trial of a 
court, would be such a bill. Formerly such bills were passed 
by Parliament in England, and the person thus punished was 
said to be attainted ; that is, his blood was said to be corrupted, 
he could neither acquire property nor transmit it to his chil- 
(h-en, and he was denied the protection of the laws. Such a 
bill would be contrary to the Constitution. No humane people 
would uphold it. It is an instrument of oppression and tyranny. 
It would be absolutely destructive of trial by jury. It would 
make out of the legislative body an arbitrary and irresponsible 
despot, piuiishable by no one however extravagant its actions. 
It belongs only to cruel or barbarous nations. This clause in the 
Constitution is of chief interest to us as indicating how deter- 
mined our forefathers were to mal<e entirely separate the legis- 
lative and judicial powers of government. Their idea was that 
an accused person could only be convicted by a jury. Trials 
belong to courts, and all trials ought to be in courts and the 
guilt or innocence of the accused determined by an impartial 
jury. A legislative body may investigate the guilt of one of 
its own members to the extent of determining whether or not 
he is to remain a member or be expelled, and it may do the same 
in impeaching an executive officer, but it cannot inquire into 
the guilt of a private citizen. 

Ex post facto laws are equally unfair. They make an 
act a crime against whicli there was no law when the act w^as 
committed. They declare certain conduct to be criminal and 



POWERS DENIED TO THE UNITED STATES. IICj) 

provide punishment for any person who has been .c^uilty of 
that conduct at any time in the past. Such laws would be 
unjust. Certainly no one ought to be punished for doing a 
thing which was not a crime when he did it. 

And the Constitution not only says that Congress must 
not pass any bill of attainder or e.r post facto law, but it as 
plainly says (art. i, sec. lo, par. i) that no State shall pass 
any such bill or law. And if either Congress or the Legisla- 
ture should do so, the courts would step in to prevent its en- 
forcement. Thus the United States Supreme Court declared 
the test oath section of the Constitution oi Missouri of 1865J 
which provided that men, who in the past had been guilty of 
certain things, could not preach, practice law, or follow certain 
other pursuits, to be an ex post factO' law, and refused to per- 
mit any one to be punished who violated it. And if the Con- 
gress should so far forget itself as to try to punish a person bv 
bill of attainder, the same court would issue its writ of habeas 
corpus and discharge that person. 

122. Export Tax. — ''No tax or duty shall be laid on 
articles exported from any State." We have seen in Chapter 
VI, that Congress may lay a tax on things imported into this 
country and on lands and on things consumed here. But 
neither it nor the State can lay an export tax on things shipped 
abroad. It was supposed that foreign commerce would be 
greatly encouraged if the Government charged nothing for the 
privilege of shipping goods out of this to other countries. 

123. Regulations of Commerce. — It would be a viola- 
tion of the Constitution for a sectional party to undertake to 
build up the business of its section at the expense of another 
part of the country. To do that is an ever-present temptation 
to selfish Congressmen, but the Constitution says that "no 



120 CIVIL GOVERNMENT OF THE UNITED STATES. 

preference shall be given by any regulation of commerce or 
revenue to the ports of one State over those of another." Con- 
gress is given power "to regulate commerce with foreign 
nations," but in doing that it must have equal regard for the 
interests of each State. Anything less than that is bad laith, 
and the party responsible for it should be defeated at the 
elections. 

Foreign commerce increases the business and 'riches of 
that part of the country which engages in it. It can be aided 
by a supply of sufficient ports and wharfs and collectors, and 
crippled by a failure to supply them, for ships will alwavs 
prefer ports at which they can quickly load and unload, and 
railroads will center at a port where their freights and passen- 
gers can be quickly sent on their way across the sea, and 
where they may quickly transfer to their cars cargoes for ship- 
ment into the interior of the country. So that it is the duty of 
Congress to supply each port with such accommodations as its 
trade may reasonably require, and the extent of such accom- 
modations will always depend on the natural needs (or ad- 
vantages) of the port. The trade that naturally will flow into 
one port will certainly be larger than that of another port, 
and the size of the wharf, the docks, the number of collectors, 
the depth of the water must be commensurate therewith. But 
all ports must be treated with equal-handed fairness, accord- 
ing to its natural needs. The primary principle of American 
government is justice, and this clause of the Constitution re- 
quires that Congress in regulating foreign commerce must be 
just — just to all the States alike. 

124. Free Trade. — The Constitution guarantees to the 
States absolute free trade with each other. It says, "Xor shall 
vessels bound to or from one State be obliged to enter, clear or 



POWERS DENIED TO THE UNITED STATES. 121 

pay duties in another." New Orleans cannot assess tariff taxes 
on a cargo of goods shipped to her port from Boston (if made 
there or anywhere else in the United States). St. Louis 
cannot collect import duties on a cargo of cotton shipped to her 
from South Carolina. 

Until lately this clause was generally understood to apply 
to every State and Territory and possession of the United 
States. But recently it was held that Congress could limit its 
application to the States alone, and could require the in- 
habitants of the conquered or purchased islands of the United 
States to pay tariff duties on all their goods shipped into any 
State and make those tariffs higher or lower than those 
charged against goods from other countries. 

125. Appropriations. — No money can be paid out of 
the Treasury except "in consequence of appropriations made 
by law." Neither the President nor the courts nor any execu- 
tive officer can spend any of the Government's money until 
Congress consents. Congress can alone declare what the 
moneys collected into the Treasury by taxation may be used 
for. This it does by laws called appropriation bills. These 
bills set out in detail the things for which the money may be 
spent. Then there are auditors and comptrollers of the Treas- 
ury, who examine every item of expenditure and see that no 
money is paid out except for the purposes for which Congress 
appropriated it. In order that the people may know how the 
public revenue is being spent, and in order that Congress may 
know that it has been spent just as it has directed, "a regular 
statement and account of the receipts and expenditures of all 
public money shall be published from time to time." Appropri- 
ation bills may be passed at any session. 



122 CIVIL GOVERNMENT OF THE UNITED STATES. 

126. Titles. — No title of nobility can be granted by 
the United States. Titles of nobility are lord, earl, dnke, 
duchess, baron, princess. In other countries they are 
granted by the monarch or inherited from an ancestor. They 
are out of harmony with the basic principles of a republic, 
which is that all citizens have equal rights before the law. A 
republic cannot prefer some oi its citizens over others. To 
recognize titles by law would be to create ranks among the 
people. And of course our Government will not permit another 
nation to confer titles upon its citizens which it cannot itself 
confer. 

127. Presents. — No person holding any ofifice of profit 
or trust under the United States shall, without the consent of 
Congress, accept of any present, office or title, of any kind 
whatever, from any other nation or any of its officers. For 
him to do so might lessen his loyalty to his own country. 
American officers are chosen to look after the public business 
which the people through their laws have directed to be done. 
But nevertheless now and then weak natures find their way 

'into public office wdio might be won away from their devoton 
to their own government by an empty title or a valuable pres- 
ent from another nation. Besides, the acceptance of such 
titles or presents might create jealousies among other nations, 
and troublesome and "entangling alliances." The course of our 
government has always been tO' have no favorites among na- 
tions, no entangling alliances with any. 

128. Freedom of Religion. — The first amendment to 
the Constitution is : "Congress shall make no law respecting 
an establishment of religion, or prohibiting the free exercise 
thereof ; or abridging the freedom of speech or of the press, 



POWERS DENIED TO THE UNITED STATES. 1 23 

or the rig-ht of the people peaceably to assemble, and to petition 
the Government for a redress of grievances." 

Prior to the Revolutionary War the citizens of some of 
the colonies had been taxed to maintain a church which had 
been imposed upon them, either by the English government to 
which they were subject, or by their own legislatures. This 
part of the Constitution absolutely prohibits such taxation. 
But on the contrary it allows all men to adopt and practice 
such religion as they may severally choose. It entirely sepa- 
rates Church and State. It should be observed that the pro- 
hibition is against an "establishment of religion." That means, 
a church established by the Government and supported by the 
Government. It does not prohibit the establishment of churches 
by any of its citizens, and their support in any way they mav 
wish. Oil the contrary, it specifically says that no law "pro- 
hibiting the free exercise" of religion by any person shall ever 
be passed by Congress. 

129. Free Speech and a Free Press. — Freedom of 
speech and freedom of the press mean the right to speak or 
write whatever is true ; they do not mean the right to speak 
or write a falsehood. In some governments at the time the 
Constitution was framed, and even in some of the colonies 
prior to the Revolution, there were officers called censors of 
the press through whose hands was required to pass every 
article an editor desired to print, and they struck out of it any 
sentence or any part that they did not approve. This is what 
is meant by ''abridging the freedom of the press." "Abridging 
the freedom of the press" means that an editor or author is 
not to be permitted to print whatever he may desire to print, 
but only such things as a public censor permits him to print, 
and this first amendment means that Congress shall pass no 



124 CIVIL GOVERNMENT OF THE UNITED STATES. 

law curtailing the editor's or author's freedom in that way. In 
this coimtry an editor may wTite what he pleases and any 
citizen may say what he pleases, but he must pay the conse- 
quences if it is not true. He can even write and say things 
that are untrue and vicious, but he may be punished for doing 
so. The law gives him full liberty to write or speak what he 
pleases, but for an abuse of that liberty he may be punished. 
Malici'ous falsehoods spoken of another are slander ; if written 
or printed of another, they are libel. If the speech of a citizen 
or the writing of an editor become so indecent as to be 
slanderous or libelous, he may be sued for damages, and in 
extreme cases, fined and imprisoned. But unless one's speech 
or wTitings disturbs another's peace, or is so indecent and 
false as to amount to malicious libel, or is obscene, the courts 
will not punish him for crime, but will permit the injured 
party to seek redress for the injury done him by a suit for 
damages. Moreover, if the book or paper is so indecent as 
to corrupt public morals, or such a base humbug as to deceive 
and defraud the people, or so inflammable as to excite them to 
disorders. Congress will deny it the use of the mails. So we 
may say that our "freedom^ of speech and freedom of the 
press" mean that we may freely speak or write whatever is 
true. 

130. Peaceable Assembly and Petition. — The people 
do not have to ask their officers in this country to peaceablv 
assemble. They can do so without permission from any one. 
That is a right they have reserved for themselves, and no one 
can take it from them. Xot only can they assemble ; thev can 
also remonstrate in an orderly way against the action of their 
officers, and they always have the right to petition the Gov- 
ernment for redress of grievances. Those rights inhere in the 



POWERS DENIED TO THE UNITED STATES. 1 25 

people wherever there is freedom. Of course, the Govern- 
ment (State or National) may disperse a mob or a disorderly 
crowd, but so long as assemblies are peaceable and orderly 
and do not interfere with the rights of others no officer has any 
right to interfere with them. 

Freedom of speech, freedom of the press, freedom of as- 
semblage and freedom of religion are some of the tests 
by which a people's liberties may be measured ; but they are 
all to be enjoyed within the limits set out in the last three sec- 
tions. Thomas Jefferson said that "error of opinion may be 
tolerated where reason is left free to combat it," and it is in 
order that reason may freely combat any error, that freedom 
to speak and to write and to worship and to peaceably assemble 
has been guaranteed to us. The purpose of that freedom is 
that error may be abandoned, that the abuses of. government 
may be corrected, and not that government may be destroyed 
or disorder encouraged, or officers maligned, or private per- 
sons slandered, or the public scandalized. 

131. Reserved Powers. — The tenth amendment is : 
"The powers not deleg-ated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively, or to the people.'' The Union is under the 
same obligation to refrain from trespassing upon the powers 
retained by the States that the States are to submit to the 
powers delegated to the Union. Neither has the right to deny 
the powers of the other. Our dual form of government — by 
'the States and by a Union of States — conserves the peace of 
society and preserves the rights of the citizen far better than 
either the State or the Union alone could do it. But there are 
many powers which are retained by the people, powers 
that they have not delegated either to the State or the Union, 



126 CIVIL GOVERNMENT UF THE UNITED STATES. 

and the Constitution specifically says that those powers have 
not been delegated to the United States. The people may 
sometime very greatly enlarge the powers of the President or 
of Congress,- by amending the Constitution, but always and 
under every circumstance the powers of the United States are 
limited by the Constitution and amendments thereto. 

Questions on Chapter XIII. 

1. What does the Constitution say about the slave trade? 
(119) 

2. What is further said about that provision? (119) 

3. W^iat does the Constitution say about Jiabcas corpus^ (120) 

4. What do these words mean and what is the writ? (120) 

5. In former times how were men arrested and held? (120) 

6. Could that occur now? (120) 

7. Suppose an officer arrests a person without a warrant? 
(120) 

8. What must the officer always be prepared to show? (120) 

9. What is the great purpose of the writ? (120) 

10. When may it be suspended? (120) 

11. What is a bill of attainder? (121) 

12. An ex post facto law? (121) 

13. Can such bills and laws exist in this country? (121) 

14. Can Congress lay an export tax? (122) 

15. What about preference in the regulation of commerce or 
revenue? (123) 

16. How can Congress aid and cripple commerce? (123) 

17. Will one port naturally require more aid than anothe"? 
(123) 

18. How should Congress act in all things? (123) 

19. Is there free trade among the States? (124) 

20. What clause of the Constitution guarantees it? (124) 

21. Does that clause apply to island possessions? (124) 

22. How may money be paid out of the Treasury? (125) 

23. Can Congress or the President confer titles of nobility? 
(126) 

24. Can American citizens accept them from other nations? 
(126) 



rOWEUS DENIED TO THE UNITED STATES. 127 

25. Can an officer accept presents from another nation? (127) 

26. What has always been the course -of our government? 

{127) 

27. What does the Constitution say about freedom of religion? 
(128) 

28. What does this provision prohibit and what does it mean? 
(128) 

29. What does the Constitution say about freedom of speech 
and of the press? (128) 

30. What do freedom of speech and of the press mean? (129) 

31. What do they not mean? (129) 

32. What does "abridging the freedom of the press" mean? 
(129) 

22- What may an editor do in this country? (129) 

34. What is slander? What libel? (129) 

35. What are the penalties for slander and libel? (129) 

36. What does the Constitution say about assemblage and 
petition? (128) 

S7. Have the people the right to peaceably assemble and re- 
monstrate against grievances? (130) 

38. What are some of the tests of a people's liberties? (130) 

39. How are they to be enjoyed? (130) 

40. What is the purpose of those privileges? (130) 

41. What is the tenth amendment? (131) 

42. What obligation is the Union under? (131) 

43. What is the benefit of our dual government? (131) 

44. What is said about powers retained by the people? (131) 



CHAPTER XIV. 

POWERS DENIED TO THE STATES. 

132. Powers to Make Treaties. — All powers that must 
of necessity concern the whole Union are denied to the States. 
Thus we have seen in section 50 that treaties may relate to a 
settlement of the national boundary or the terms upon which 
trade may be carried on between citizens of this country and 
foreign countries. One can readily see how the internal peace 
and harmony of the country could be disturbed if the Union 
should insist on a certain line as the boundary and a State 
had the power to fix upon another line. If in settling the 
boundary line between the United States and the Spanish pos- 
sessions in America, the Union had agreed that it should be 
the Rio Grande and the State of Louisiana had had power to 
agree that it might be the Sabine and Red rivers, troublesome 
confusion would have arisen. And suppose that, although 
Congress under its power to levy imposts had fixed the tariff 
charges at certain rates, a State had power by treaty to agree 
with any nation that so much of its goods as came to its 
ports should enter free, and then under the clause which 
guarantees absolute free trade between the States it began to 
ship those goods all over the Union : the result would be that 
the law passed by Congress w^ould break down, and the Union 
itself would prove a useless thing. To avoid any such results 
the Constitution (art. i, sec. 10, par. i) says that "no State 
shall enter into any treaty, alliance or confederation." The 
power to make treaties is vested solely in the President and 
Senate. 

(128) 



rOWERS DENIED TO THE STATES. 1 29 

133. General Welfare Provisions. — The Preamble de- 
clares that one of the purposes of forming the Union was to 
"promote the general welfare." In keeping with that purpose 
the Constitution denies to each State the power to coin money, 
to emit bills of credit to do duty as money, or to make any- 
thing except gold and silver coin a tender in payment of 
debts. It is easy to see that business transactions are greatly 
facilitated by uniform money for the whole Union, and this 
clause makes it impossible for any State, by issuing different 
coins or moneys of its own devising, to bring confusion into the 
monetary system provided by Congress. 

So, also, it will readily be seen that foreign commerce 
would be in endless confusion if each State could impose im- 
port taxes different from those laid by Congress, and for that 
reason "no State shall, without the consent of Congress, lay 
any imposts or duties on imports or exports, except what may 
be absolutely necessary for executing its inspection laws," and 
even then "all such laws shall be subject to the revision and 
control of Congress," and the net sums realized from such 
taxes shall be turned over to the United States Treasury. 

Thus we see that the purposes of these inhibitions on 
the powers of the States was not to humiliate them, or take 
from them an}' power many of them would ever wish to exer- 
cise, but to so unify the moneys of the country that "com- 
merce among the States" would be easy, and to make so uni- 
form the impost taxes that one State would not be constantly 
trying to build up its own trade and wealth at the expense of 
another. 

134. Impairment of Contracts. — "No State shall . . . 
pass any law impairing the obligation of contracts." These 

9 



130 CIVIL GvOVEKNMENT OF THE UNITED STATES. 

are simple words, yet so perverse is human nature that no 
other clause in the Constitution has so often been invoked or 
disregarded. They mean that when one enters into a con- 
tract, no State can do the immoral thing of helping him to 
break it. Contracts underlie the whole framework of modern 
industry. The prosperity of all persons depends on the faith- 
ful keeping of contracts. No State can relieve itself of its own 
contracts with private citizens, nor relieve its citizens of their 
contracts with each other, nor with citizens of other States, 
nor can the United States do so. A town may issue its bonds 
to pay for an electric light plant, and those bonds it must 
pay ; it cannot refuse to pay them because after a few years 
it ceased to use the lights ; nor can the Legislature or the town 
council excuse the town from paying them if they were law- 
fully issued. Of course, no one is compelled to keep an un- 
lawful contract. This clause of the Constitution means that 
no State, no person, not even the United States, can repudiate 
a lawful contract legally entered into. It means that when you 
solemnly agree with another person to do a thing which the 
law permits to be done, the law will compel you, at that other 
person's request, to keep and perform your agreement. It 
would seem that every good person would do this, without any 
law. But many persons will not pay their debts, or do many 
other things they have agreed to do, and therefore the law 
not only says that they must fulfill their contracts, but the 
Constitution says that no State can pass a law relieving them 
from that obligation. 

135. The State and Nation. — No State is a nation. 
"No State, without the consent of Congress, shall keep troops 
or ships of war in times of peace, enter into any agreement 
or compact with another State, or with a foreign power, or 



POWERS DENIED TO THE STATES. 13! 

engage in war unless actually invaded, or in such iniminent 
danger as will admit of no delay." A government that cannot 
do these things is not a nation. A State is almost supreme in 
the control of its internal affairs, and in managing them few 
things are denied to it by the Constitution : besides, it can do 
anything which it is not specifically prohibited by the Constitu- 
tion from doing, and the things it is prohibited from doing 
nearl}- all relate tO' external matters — to its relations with other 
States or nations. 

(1) The State cannot have a navy in times of peace 
or maintain a standing army except by consent of Congress. 
The Union, by the Constitution, was made to shoulder all the 
external troubles of a State. It was given power to "repel 
invasions, " and to raise armies, maintain a navy and call forth 
the militia for that purpose, and therefore there is no need for 
a State to "keep troops or ships of war in times of peace." 

(2) Congress is given power "to declare war ;" it 
would be destructive of all national peace and harmony if any 
State, without consulting the others, could "enp-5<^e in war." 
If a State could do that, one turbulent State could constantly 
be involving all the others in trouble. 

(3) The Union is given power "to make treaties" and 
'*to regulate commerce with foreign nations and among* the 
States," and therefore as to such matters there is no necessity 
for one State to enter into an "agreement or compact with an- 
other State or with a foreign power." Two adjoining States 
have been known to enter into agreements as to their relative 
boundaries. Thus, when Kentucky became a State, both she 
and Virginia claimed a wide stri]> of country along the Cum- 
berland mountains and the Big Sandy river, and the matter 
was settled by each State appointing commissioners to locate 



132 CIVIL GOVERNMENT OF THE UNITED STATES. 

the dividing line, and when they agreed thereon the legislature 
of each State adopted their report, and thus by compact with 
each other nearly all the disputed lands were agreed to belong 
to Kentucky. This was in fact an agreement or compact, but 
it was not such a one as is meant by this clause of the Con- 
stitution ; it was rather a peaceable attempt to ascertain what 
portions of the land belonged to each State, and to definitelv 
fix the dividing line, so that the inhabitants there might knew 
to which State they were to look for protection in the enjoy- 
ment of their property and civil rights. These words of the 
Constitution mean that "no State shall enter into an agreement 
or compact with another State or with a foreign power" to 
subvert the authority of the Union, or nullify its laws, or to 
gain advantage for itself because of their weakness. .Thev 
mean that Pennsylvania cannot agree with Canada to sell her 
coal in exchange for pine lumber, in defiance of the tariff laws 
of Congress ; they mean that Missouri could not agree with 
Illinois and the other States of the Mississippi valley that 
no Italians shall ever settle within their borders or that no 
naturalized foreigners shall ever vote. They mean, in short, 
that no State can ever enter into a compact with another to 
do any of those things which the Constitution clearly says 
Congress shall have power to do. 

All the things that are by this clause denied to the States 
are the things that always belong to a nation. A nation, 
whether it be a republic or a monarchy, always has power to 
make treaties, to regulate foreign commerce, to raise armies, 
levy import taxes and maintain navies. The Government of 
the United States can do these things and therefore it is a 
nation. The States cannot do them ; they are not nations. We 
see from this how anxious the American people were "to form 



POWERS DENIED TO THE STATES. 1-^3 

a more perfect Union," when they voknitarilv adopted a Con- 
stitution that took from the States all pos'sibility of doing 
these thino-s, which each might have done for itself had there 
been no Union. But without a surrender of those things there 
would have been no Union, and without the Union it is most 
likely that long ago the States would have devoured each 
other. These things were wisely committed to the Union and 
denied to the States. The Union can do them better 'than 
the States, and therefore the States should not undertake them 
at all. If both the Union and the individual States could do 
such things there would not only be a clash of authority, but 
a divided authority. A divided authority is almost the' same 
as no authority. Final authority must be lodged somewhere, 
and final authority to act upon all subjects that must neces- 
sarily concern all the people of the Union should be lodged in 
the Union, and that is what this clause of the Constitution 
means. 

136. Slavery Prohibited.— 'Neither slavery nor invol- 
untary servitude, except as a punishment for crhne whereof 
the party shall have been duly convicted, shall exist within the 
United States or any place subject to their jurisdiction." This 
IS the thirteenth amendment and was proclaimed ratified De- 
cember i8, 1865. Had it been put into the original Constitu- 
tion it is possible the Civil War would never have been fought, 
but had the Constitution contained such a clause it is doubtful 
if the Union could ever have been formed. Nothing was said 
about abolishing slavery by the convention that framed it. On 
the contrary, the Constitution contained a provision, which, by 
this amendment, has been repealed, that Congress could 'not 
prohibit the importation of African slaves prior to 1808, and 
declared that this provision could not be amended until after 



134 CIVIL GOVERNMENT OF THE UNITED STATES. 

that time. But the aboHtion of slavery has removed the only 
serious conflict that ever existed between the States and the 
Union, and now their relations promise only peace and har- 
mony for the future. 

137. Equality of Suffrage. — The fifteenth amendment, 
proclaimed ratified March 30, 1870, is in these words: "The 
right of citizens of the United States to vote shall not be denied 
or abridged by the United States, or by any State, on account 
of race, color, or previous condition of servitude." This is the 
last amendment. It was made to secure to former slaves and 
their descendants the right to vote. In some States, however, 
legislatures have adopted an educational cjualification for vot- 
ing, and such tests have been held not to be in conflict with 
this amendment. It does not confer the right to vote on any 
one. It simply says that neither the State nor the United 
States can deny to a citizen that right because of his color, 
race or previous condition of servitude. The State can deny 
to its citizens the right to vote on any other ground ; but it 
cannot enact an election law that discriminates against any 
citizen because of his color. 

138. Equality of Citizenship. — The fifteenth amend- 
ment does not confer the right to vote upon any one. It 
simply says that the right to vote cannot be denied to anv 
citizen because of his race or color. But it was once thought 
that each State would be induced to confer the right to vote on 
all male citizens twenty-one years of age by certain provisions 
of the fourteenth amendment. That amendment, after pro- 
viding that "all persons born or naturalized in the United 
States, and subject to the jurisdiction thereof, are citizens of 
the United States, and of the State in which they reside," 
proceeds to say that "when the right to vote is denied to any 



POWERS DENIED TO THE STATES. 1^5 

male citizen twenty-one years of age, except for crime, the 
number of Representatives which the State shall have in Con- 
gress and the number of electoral votes which it shall have for 
President shall be reduced in the proportion which the number 
of male citizens thus denied the right to vote shall bear to the 
v/hole number of male citizens twenty-one years of age in the 
State." It was thoug;ht that rather than run the risk of having 
the number of its Representatives in Congress reduced, and of 
losing some of its electoral votes for President, a State would 
always grant to every male citizen, except those convicted of 
crime, the right to vote. But this provision has never been 
enforced, for two reasons: (i) To enforce it would take 
away from the State the power to say that every voter must 
have a certain amount of education before he can vote. To 
provide that every man can vote might be to turn the State 
over to ignorant men who do not have any intelligent under- 
standing of our institutions. (2) It would be an almost im- 
possible thing to determine how many men at any election have 
been denied the right to vote because they cannot read or for 
any other reason. It does not follow that because a man has 
not voted he was denied the right to vote, for it is a well-known 
fact that in every State many citizens habitually abstain from 
going to the polls. So this part of the fourteenth amendment, 
it has been found, does not force the States to confer the right 
to vote upon colored citizens. In fact. Congress has never 
yet tried to enforce it. 

But the fourteenth amendment went very much further 
than this. It declared that : "No State shall make or enforce a 
law which shall abridge the privileges or immunities of citi- 
zens of the United States ; nor shall any State deprive any per- 
son of life, liberty or property without due process of law, 



136 CIV^L GOVERNMENT OF THE UNITED STATES. 

nor deny to any person within its jurisdiction equal protection 
of the laws." It was once thought that this provision gave 
Congress power to destroy the individuality of the States ; that 
it so centralized power in the Union that the political inde- 
pendence of the States was wholly at the mercy of Congress. 
But the Supreme Court in numerous decisions has shown that 
such is not the fact. It does not give Congress power to 
regulate the conduct of private citizens. It does not give 
Congress authority to compel any citizen to receive other citi- 
zens on terms of social equality, nor does it deny to him the 
right to refuse to employ other citizens because of their color. 
It simply prohibits the State from doing certain things. A 
State acts through its legislature or its courts or its ofificers, 
and this amendment prohibits them from denying to its citizens 
the equal protection of its laws. Its laws must apply to all 
persons alike. The State, as such, cannot enact a law that 
specifically discriminates against one class of citizens. The 
Supreme Court has held that this part of this amendment 
simply means that no State, in enacting and enforcing its 
laws, can discriminate among its citizens because of their race 
or color; but that it does not prohibit the people of a State 
from so discriminating among themselves. 

Questions on Chapter XIV. 

1. What powers are denied to the States? (132) 

2. What might be the effect if both a State and the Union 
could make treaties? (132) 

3. What the effect, if both could fix tariff rates? (132) 

4. What does the Constitution say on this subject? (132) 

5. What other powers are denied to the States? (133) 

6. What might be the effect if a State could coin money? 
(133) 

7. What does the Constitution say of the State's power to 
levy imposts? (133) 



POWERS DENIED TO THE STATES. 



. 1-37 



8. What were the purposes of these inhibitions? (133) 

9. What does the Constitution say about impairment of con- 
tracts? (134) 

10. What do these words mean? (134) 

11. Is a State a nation? Why? (135) 

12. Can a State have an army or navy? (135) 

13. Can a State declare war? (135) 

14. Can a State enter into a 'treaty or compact with another 
State or foreign nation? (135) 

15. What do these words of the Constitution mean? (135) 
t6. What things then are denied to the States? (135) 

17. What does the Constitution say as to slavery? (136) 

18. What would probably have been the effect had the Con- 
stitution contained such a provision? (136) 

19. What has been the effect of the abolition of slavery? (136) 

20. What did the fifteenth amendment say about the right to 
vote? (137) 

21. Why was it made? (137) 

22. Is an educational qualification for voting prohibited by 
it? (137) 

23. On what ground cannot a State withhold the right to 
vote? (137) 

24. Why was it supposed that each State would confer this 
right on all male citizens? (138) 

25. Why has not this amendment been enforced? (138) 

26. What further did that amendment provide? (138) 

27. What was it once feared that this provision did? (138) 

28. Was that a fact? (138) 

29. Does it guarantee social equality? (138) 

30. What does it do? (138) 

31. How does a State act? (138) 

32. How must a law apply? (138) 

T,T,. Can a State discriminate against one class of citizens? 

(138) 
34. Can a private citizen do so? (138) 



CHAPTER XV. 

THE PRESIDENT. 

139. The Chief Executive. — We now turn for a few 
chapters from the legislative -to the executive department of 
the Government. The Constitution says that "the executive 
power shall be vested in the President of the United States of 
America." •• 

Congress passes laws prescribing how certain affairs of the 
Government shall be conducted, and the officers who conduct 
those affairs are executive officers. They execute what the 
law prescribes or the courts direct to be done. They are called 
executive officers for that reason. 

The chief executive officer is the President ; in fact, all 
executive power is lodged in him, and all other executive of- 
ficers are simply his assistants or representatives. They are 
all appointed by him, or by the other officers who have them- 
selves been appointed by him, are all under his control and 
subject to his direction, and while most of them are appointed 
for a term of four years, yet for improper conduct he may 
remove them at any time, and in some cases he may determine 
their conduct to be improper without giving any reason there- 
for either to the officer or to the public. 

This applies to all higher executive officers and to all 
others, except officers of the army or navy, and except purely 
public service employees, such as postal clerks on railorads, 
letter carriers and certain department clerks, whose connec- 
tion with the Government is simply that of employment, and 
wdio, in late years, have been protected from being discharged 

(138) 



THE PRESIDENT. I39 

from such service on the election of another President by a 
series of laws called Civil Service regulations. Such epiployees 
can hold their places so long as they do their work well and 
behave themselves. 

But the conduct of many executive officers reflects the 
principles of the President. They should therefore be in har- 
mony with him, and unless they are he can remove them. 

O'f all executive officers the President alone (and of 
course the Vice-President) is elected by the people ; all others 
are appointed. It is not so in the States. In most of the 
States all the higher executive officers are elected. PUit no 
other executive officer of the United States except the Presi- 
dent can ever be elected so long as this clause of the Con- 
stitution reniains unchanged — the clause that says "the execu- 
tive power shall be vested in the President." If that power is 
vested in him he must have the right to say who shall act in 
his stead in executing- it. He cannot perform all executive 
duties ; the work is too much for one man. He must have 
many assistants to act in his stead. It would be clearly un- 
just to hold him responsible and yet not give him power to 
say who those assistants shall be. All other executive off'icers 
are the President's arm, and he must have an unshackled arm, 
and that means that he must have the right to appoint other 
executive officers in harmony with himself, and remove them 
whenever he believes they are trying to discredit him or the 
public good demands their removal. 

But the President does not have an unlimited power of 
appointment. All his important appointments must be ap- 
proved by the Senate. It can reject any of them at will. 
The Senate, therefore, always stands between him and the 
people, and if he should be indifferent to their rights it can 



140 CIVIL GOVERNMENT OF THE UNITED STATES. 

check him. This is a wise provision. It not only enables him 
to test pubUc sentiment ; it forces him to be regardful of the 
people's interests and wishes. 

It, on the other hand, subjects both President and Sena- 
tors to a political dicker. They agree to support certain bills 
which he wishes to become laws, and he in return agrees to 
appoint certain men to office whom they recommend. In that 
way the President may exercise great influence over legisla- 
tion and the Senate have much to do with executive officers. 
This is frequently a hurtful thing. Such political dickerings 
have more than once become national scandals, and violent 
political quarrels have grown out of the President's refusal to 
be dictated to by the Senate, or the Senate's resentinent of the 
President's intermeddling with legislative matters. These jar- 
rings between the President and Senators are not hurtful if 
both are animated with a supreme desire to promote the public 
good ; but contentions or bargains that grow out of a desire 
solely to promote the interests of a political party or to advance 
the political fortunes of a Senator or of the President are not 
only hurtful, but often prostitute the purposes of the Govern- 
ment. 

It should never be forgotten in this country that all gov- 
ernment — whether National, or State, or county or city or 
school — is for the good of the people, and must be conducted 
solely for their good, and if those they elect to office will not 
use their offices in the people's interest they should turn them 
out and elect others in their stead. At the same time the peo- 
ple should be just, and when they get a faithful public servant 
they should be glad to honor him with their votes. 

140. Term of Office. — The President is elected for a 
term of four vears. He mav be then re-elected for another 



THE PRESIDENT. 74 1 

term. There is nothing in the Constitution which ]:)rohibits 
him from being elected again and again. But no President has 
ever served longer than two terms, nor has one ever been nom- 
inated for a third term by any party. 

141. His Qualifications.— He must be a natural-born 
citizen of the United States, at least thirty-five years old, and 
have been for fourteen years a resident within the United 
States. The qualifications of the Vice-President are the same. 
No foreign-born person can be President. 

145J. Vacancy.— In case of the death or removal or 
resignation of the President, the oflfice devolves on the Vice- 
President, who fills out the remainder of his term. If both 
should die, the vacancy is filled by the members of the Presi- 
dent's Cabinet in the order of their rank, beginning with the 
Secretary of State. 

143. Salary.— The President's salary can not be in- 
creased or diminished during the period for which he was 
elected. At the present time this salary is $50,000 per year, 
and besides this amount the appropriations made for furnish- 
ing and supporting the executive mansion amount to several 
thousands more, but the President can retain no part of such 
appropriations. 

144.. Pov^ers and Duties.— The President shall be (i) 
commander-in-chief of the army and navy. The armv and 
navy are parts of the executive department of the Government, 
and therefore it is proper that the President should be their 
commander. 

(2) He shall have power, by and with the advice and 
consent of the Senate, to make treaties, provided two-thirds 
of the Senators present concur. The terms of a treaty are 



142 CIVIL GOVERNMENT OF THE UNITED STATES. 

first agreed to by him. Then the Senate agrees to so much of 
it as it deems best, and then that part, if the other nation con- 
curs, becomes binding on both nations. If the Senate rejects 
the treaty that is the end of it. The President must then 
negotiate another or abandon the matter. The Senate cannot 
negotiate a treaty; it can only approve or reject or amend the 
treaty the President has negotiated. 

(3) He shall appoint ambassadors, ministers, consuls, 
judges of the Supreme Court, and all other officers of the 
United States whose appointment is not otherwise provided 
for, but such appointment must be made by and with the advice 
and consent of the Senate ; that is, they must be confirmed bv 
that body to be valid ; and Congress, by law, may vest the ap- 
pointment of inferior officers in the President alone, in the 
heads of departments, or in the courts. All executive officers 
except those appointed in the recess of the Senate are com- 
missioned for four years, but they hold over after the four- 
year period has expired until their successors arc appointed and 
qualified, and by "qualified" is meant that the appointee has 
been commissioned by the President (that is, a certificate which 
is his title paper to the office has been signed and issued by 
the President), and has given whatever bond the law requires, 
and has taken an official oath, which is usually to support the 
Constitution and obey the laws and faithfully demean himself 
in office. But in many cases, a vacancy occurs whenever the 
President chooses to make it. If he appoints another man to 
the office, whether the four-year period has expired or not, 
the incumbent is thereby ousted. A vacancy may occur during 
the recess of Congress. In such case the President fills it by 
an appointment which extends to the end of the next session of 
Congress, if the Senate refuses to confirm it, but if it confirms 



THE PRESIDENT. I43 

it, it extends, if the ofiice is an executive one, to the end of the 
four-year period. If it refuses to confirm it, he may send in 
another name at once, or he may wait until its adjournment and 
then make another appointment, which wall again extend to the 
end of the next session, unless sooner rejected or confirmed. 
The Congress invests certain inferior officers with the ap- 
pointment of their assistants, but even then the President 
may have something to say as to who those assistants are to' 
be, for if they are not agreeable to him, he may remove the 
officer who selects them. 

(4) He shall, by message or otherwise, give to the Con- 
gress information of the state of the Union, and recommend to 
their consideration such measures as he shall judge necessary. 
Washington and Adams appeared before Congress and de- 
livered their messages by a speech, to which Congress replied. 
But their opponents stigmatized this practice as "monarchial," 
as being an attempt to follow the practice of the English kins^. 
Accordingly Jefferson, who did not have much patience with 
kingly customs, and who was withal a powerful writer, but 
a poor speaker, wrote out his messages and sent them by mes- 
senger to the Congress, and from his time on the succeeding 
Presidents have followed his example. 

(5) The President may, on extraordinary occasions, con- 
vene both houses, or either of them, in extra session, and (6) 
if they cannot agree upon a time of adjournment, he may ad- 
journ them to such time as he may think proper, but not be- 
yond the time of the beginning of the next regular session. 

(7) He shall receive ambassadors and other public min- 
isters from other nations. 

(8) He shall take care that the laws be faithfully exe- 
cuted, and (9) he shall commission all officers of the United 
States. 



144 CIVIL GOVERNMENT OF THE UNITED STATES. 

The President's duty to see that "the laws are faithfully 
executed" is his chief duty. The "executive power" is vested 
in him, and he is the Chief Executive. Whether the laws prove 
efficient to correct the wrongs they were passed to remedy 
may depend on the firmness and justice with which he tries to 
execute them. He is not above law himself ; he is as much 
bound to obey it as the humblest citizen. He is the servant 
of the people, in that he was chosen to see to it that their will, 
as expressed in their laws, is faithfully carried out. 

145. Veto Pov^er. — But the President is something 
more than the Chief Executive. He also has much to do with 
legislation. If a bill passes Congress he can veto it, that is, 
refuse to sign it, and return it with his objections to the house 
in which it originated. That is the end of it unless two-thirds 
of the members of each house vote to pass it in spite of his 
disapproval. Thus he is in one sense a "third house." It is 
very difficult to pass a bill which he has vetoed. It, therefore, 
becomes necessary always to take his attitude into account in 
considering the chances for enacting any important legislation. 
If he belong to one party, and the majority of each house 
to another, the chances are exceedingly slim that any bill will 
ever be passed over his veto; and if he and that majority be- 
long to the same party, to pass a bill over his veto may mean 
a rupture in that party, and its consequent defeat at the next 
election. Nevertheless, the President's veto has at times proved 
to be one of the most valuable features of the Constitution, 
for it may be used to block hurtful legislation, and to concen- 
trate public attention on the proposed measure, and when that 
is done, his veto may rally the country to his support or have 
no more effect than to postpone for a short time a needed law. 
On the other hand, his veto vests him with an immense power 



THE TRESIDENT. 



H5 



to influence legislation and to "whip members of Congress 
into line." To use his office in that way would be an abuse of 
his powers. The purpose of giving him the veto power was 
to enable him to block a headlong Congress or override its 
mistakes. It was never designed that he should be a legisla- 
tor. Congressmen are chosen as the people's representatives 
to make laws, and the President's primary duty is to see that 
those laws are executed, but it is also his duty to block the 
purposes of a corrupt or mean Congress. 

Where either President or Congressmen use the powers 
vested in them to defeat the meaning of the Constitution or 
the true purposes of government, either may hold the other in 
check until the people themselves aft'ord a remedy by defeat- 
ing the one or the other for re-election. After all, the remedy 
for abuses in government is v/ith the people, who must be ever 
alert to choose men of the right character. 

146. Powers and Duties of Vice-President. — The Vice- 
President has very few duties. He presides over the Senate, 
but does not appoint its committees, as does the Speaker of 
the House. He takes no part in debate, and cannot vote ex- 
cept when the Senators are equally divided on a bill or propo- 
sition, when he has a "casting vote" to decide the matter. The 
oft'ice is of small importance except when a vacancy occurs in 
the office of President. Then it becomes all-important, for he 
immediately becomes President. If he does that or dies or 
resigns, no provision is made for filling the vacancy in the 
office of Vice-President until the next election. The Vice- 
President's salary is $8,000 per year. 

147. How Elected. — The people do not vote directly 
for the President and Vice-President. They are elected by 

10 



146 CIVIL GOVERNMENT OF THE UNITED STATES. 

electors chosen by the people of the respective States, each 
State being- entitled to as many electors as it has Senators 
and Representatives in Congress. 

These electors must be chosen in all the States on the same 
day, but in each State they are to be chosen "in such manner 
as the Legislature thereof may direct," and formerly they were 
chosen in at least half the States by the legislatures themx- 
selves, and they were chosen in that way in South Carolina 
until recent years ; but now in every State they are chosen by 
the vote of the people, on the first Tuesday after the first 
Monday in each leap year and each centennial year. 

The Governor makes out four lists of the persons who 
have been chosen electors in his State, and sends one to the 
Secretary of State at Washington, and delivers the other 
three to the electors, who meet somewhere within the State on 
the second Monday of January and vote by ballot for Presi- 
dent and Vice-President, and make three lists of all persons 
voted for for President, and three separate lists of all persons 
voted for for Vice-President, and of the number of votes for 
each. They then attach the Governor's list of their names to 
each pair of their lists, and deposit one pair with the judge of 
the United States court in whose district they meet, and trans- 
mit another by mail, and send the third by special messenger, 
forthwith, to the president of the Senate at Washington, which 
officer on the second Wednesday in February, in the presence 
of the Senate and House, opens the lists and causes the votes 
to be counted, and the person who has received the greatest 
number of all the votes for President shall be President, if 
such number is a majority of all the electors chosen by all the 
States. 

If no person have such majority, the election of a Presi- 



THE PRESIDENT. 



147 



dent then devolves on the House of Representatives, the vote 
there being taken by States, each being entitled to one vote, 
and the person who receives the vote of a majority of the 
States is declared elected President, and if no person receives 
such majority by the fourth of March, the Vice-President 
shall act as President just ''as in case of the death of the 
President." When the election devolves upon the House its 
choice must be made from the persons, not exceeding three, 
who received the highest number of electoral votes. Twice 
since the formation of the Union the President has been 
elected by the House of Representatives. The first time was 
in 1801, when Thomas Jefferson was elected, and the next 
was 1825 when John Quincy Adams was chosen by that body. 

If no person receive a majority of the electoral votes cast 
for Vice-President, the election devolves on the Senate, which 
makes choice from the two men who have received the highest 
number of votes, and the person receiving the vote of a ma- 
jority of all the Senators shall be Vice-President. 

This method of electing the President is prescribed in 
Amendment XH, which was declared ratified September 25, 
1804. It w^as adopted because of the unsatisfactory method 
prescribed by the original Constitution. By that method, each 
Presidential elector voted for two candidates for President on 
the same ballot, and the one who obtained the highest num- 
ber of votes, if that were a majority, was to be President, and 
the person obtaining the next greatest number of votes was to 
be Vice-President, whether such number were a majority of 
the electoral vote or not. In 1789, John Adams received 34 
votes when the total number of electors was 73, yet according 
to the Constitution, as it was then, he was elected Vice-Presi- 
dent. In 1800 Thomas Jeft'erson and Aaron Burr each re- 



148 CIVIL GOVERNMENT OF THE UNITED STATES. 

ceived 73 votes. It was well understood by the electors them- 
selves, and by the people who had chosen them, that Mr. Jeffer- 
son was the candidate for President, and Mr. Burr the candi- 
date for Vice-President. But the electors had no power, under 
the Constitution as it then was, to vote for one for President 
and for the other for V^ice-President. The 73 electors which 
had been chosen by the party to which they belonged, there- 
fore, cast one vote each for each of them, and hence neither 
had a majority. When the Constitution was first framed it 
was supposed that the electors would exercise some discretion 
in casting their votes for President ; that they would not be the 
mere mouthpiece of a party, but would cast their votes for 
that man who they belived was the choice of the people. They 
were supposed to look about and determine who that man was. 
It was not conceived that two men could be of equal favor 
with the people, and hence it was supposed that one would 
always get more votes than the other, and it was intended by 
the Constitution that the one who got the votes of the greatest 
number of electors, if they were a majority, would be the 
President, and the one who got the next highest number, 
whether a majority or not, would be Vice-President. But 
by 1800 parties had formed, with rigid lines. Each put for- 
ward its candidates for President and Vice-President, but only 
one set of electors could be chosen for each State, and when 
those electors came together they could not vote for one can- 
didate for President and another for Vice-President. All they 
could do was to vote for two candidates for President. Thus 
it came about that Jefferson and Burr each got the same num- 
ber of votes — each got all the electoral votes of the party which 
had triumphed at the polls. The election, therefore, devolved 
upon the House of Representatives, which chose Jefferson, but 



THE PRESIDENT. I49 

nevertheless the country had been violently disturbed by in- 
trigues which formed between Burr and the enemies of Jefifer- 
son to wrest the Presidency from him. It was foreseen that 
such results might follow every election so long as parties 
lasted. For that reason the Constitution was changed, so as 
to permit each elector to cast one vote for President and one 
for Vice-President. 

148. Presidential Electors. — By the practice of parties, 
but not because the law so says, for parties are purely volun- 
tary organizations, each party chooses delegates from the 
various Congressional districts, usually two from each, and 
four from each State at large ; that is, each State has twice 
as many as it has Senators and Representatives in Congress. 
These delegates meet in national convention and nominate, for 
the party by which they have been chosen, one candidate for 
President and another for Vice-President. Then a State con- 
vention of the party is held, and one Presidential elector for 
each Congressional district and two from the State at large are 
named, and at the election in the succeeding November those 
voters who desire the election of the candidate of that party 
for President vote for this set of electors, and if they receive 
more votes than any other set all of them are expected to 
vote for that candidate. Of course, if he should die before 
they meet on the second Monday in January to cast their votes, 
they would vote for some other man, but otherwise they 
would be considered guilty of the grossest perfidy if they did 
that. There is no written law that compels them to vote for 
the candidate of the party by which they were selected, yet 
so thoroughly understood has it become that they w'ill do so 
that it is now known almost before midnight following election 
dav who will be the next President. 



150 CIVIL GOVERNMENT OF THE UNITED STATES. 

When electors are chosen in this way, each voter votes 
for as many as the State is entitled to, and if one set carries 
the State by ever so small a plurality their party's candidate 
for President gets the votes of all of them. But they are not 
always chosen in this way. They are to be chosen in each 
State as the Legislature directs. In Michigan a few years ago 
the Legislature directed that one elector should be chosen by 
the people of each Congressional district, and two from the 
State at large. In this way, in 1892, Mr. Cleveland got five 
electoral votes from that State, and General Harrison the rest. 

The Constitution provides that the electors shall meet in 
their respective States and vote by ballot for President and 
A^ice-President, "one of whom at least shall not be an inhabi- 
tant of the same State with themselves." Therefore, in order 
that all electors may vote for both candidates of their party, 
those candidates are always taken from different States, and 
hence it is a fact that the President and Vice-President are 
never residents of the same State. 

149. Qualification of Electors. — No Senator or Rep- 
resentative can be a Presidential elector, nor can any person 
who holds "any office of profit or trust under the United 
States.'' This bars postmasters and all L^nited States officers. 
But it does not disqualify State officers, but in some of the 
States they are disqualified by State laws. 

150. Electoral Vacancies and Contests. — If an elector 
between the time of his election and the meeting of the electors 
on the second Monday in January should die or fail to attend 
those electors present at the meeting choose some one to fill 
the vacancy. This is the law of nearly every State, and no 
embarrassment is likely to come from that plan. But some- 
times it is doubtful which set of electors has carried a State. 



THE presidp:nt. 151 

111 that case, the legislature or courts of the State may decide 
which set has been legally elected, and that decision is final if 
it is made six days before the second Monday in January. If 
not made before that time, the Congress may decide which set 
was legally elected at the polls, but where there has been no 
decision by the legislature or the courts, both houses must 
concur before a set which the Governor has certified is elected 
can be rejected. 

Questions on Chapter XV. 

1. Where is the executive power vested? (139) 

2. What is an executive officer? (f39) 

3. In whom is the executive power lodged? (139) 

4. What are other executive officers? (139) 

5. Can they be removed b}^' the President? (139) 

6. To what officers does this apply? (139) 

7. What executive officers are elected? (139) 

8. What appointed? (139) 

9. Is that so in the States? (139) 

10. Can Congress provide that other executive officers be 
elected? (139) 

11. How is the President's power of appointment limited? 
(139) 

12. What is said of this provision? 139) 

13. What is all government for? (139) 

14. For what term is the President elected? (140) 

15. Is he eligible to re-election? (140) 

16. What must be his qualifications? (141) 

17. How is a vacancy in the Presidency tilled? (142) 

18. Can his salary be increased? (143) 

19. What is it? (143) 

-•o. Discuss the powers of the President. (144) 

21. Discuss the President's veto power. (145) 

22. What are the duties of the Vice-President? (146) 
2S- How are they elected? (147) 

24. How are Presidential electors chosen? (147) 

25. Describe the meeting of electors, their duties, and the 
counting of their votes. (147) 



152 CIVIL GOVERNMENT OF THE IGNITED STATES. 

26. If no person receive the votes of a majority of the electors 
for President, how is he chosen? (147) 

27. If no person receives the vote of a majority of electors 
for Vice-President, how is he chosen? (147) 

28. Why was amendment twelve adopted? (147) 

29. Describe the manner in which Presidentail electors are 
chosen. (148) 

30. Are they compelled to vote for the candidate of their 
party? (148) 

31. How many electors does each voter vote for? (148) 

32. Are they always chosen in this way? (148) 

33- Why are the President and Vice-President never residents 
of the same State? (148) 

34- What persons cannot be electors? (149) 

35- Plow are electoral vacancies filled? (150) 
36. How are contests settled? (150) 



CHAPTER XVI. 

THE EXECUTIVE DEPARTMENTvS. 

151. The Cabinet. — The executive business of the Gov- 
ernment has been arranged under nine general divisions, called 
executive departments. The work of each department is super- 
intended by one chief ofificer, selected by the President. The 
heads of these departments, in the order of their rank, are the 
Secretary of State, Secretary of the Treasury, Secretary of 
War, Attorney-General, Postmaster-General, Secretary of the 
Navy, Secretary of the Interior, Secretary of Agriculture, and 
Secretary of Commerce and Labor. These officers together 
constitute what is called the President's Cabinet. They are his 
immediate assistants and closest advisers. At stated times 
they meet him in conference and discuss the afifairs of the 
nation. No record of the proceedings is kept, and for this 



THE KXFXUTIVE DEPARTMENT. 1 53 

reason and other intimate relations, the Cabinet is sometimes 
called the "President's official family." Of course, the Presi- 
dent exercises a general supervision over all the departments, 
and his orders must be obeyed by each Cabinet officer. 

They are not designated the "Cabinet" in the Constitution. 
In fact, the word "cabinet" nowhere appears therein, but the 
words "heads of departments" do, and as the "heads of de- 
]Dartments" in England have long been styled the Cabinet, our 
"heads of departments" are also called the Cabinet after the 
English usage, but they differ very widely from the Cabinet in 
England. They do not attend the meetings of Congress, and 
propose legislation, as in England. They are often invited to 
attend the meetings of committees and give information on the 
aft'airs of the Government, and the needs of their departments, 
and once a year they publish extensive reports showing the 
work and expenses of those departments in detail. But be- 
yond this they have nothing to do with shaping legislation. 

A Cabinet officer receives a salary of $8,000 a year. 

152. Department of State. — The Secretary of .State is 
the head of this department, and he is the only officer who is 
authorized to communicate with other governments in the 
name of the President. To him belongs the duty of directing 
the work of ambassadors, ministers, consuls and other diplo- 
matic officers and agents stationed in other nations to look 
after the affairs of this nation there. They receive instruc- 
tions from him and whatever communication they may make 
to their home Government is usually made through him. 
Negotiations for treaties are carried on through this depart- 
ment. It is sometimes called "the office of foreign aff'airs," 
for all matters pertaining to our relations with other nations 
arc conducted through it. 



154 CIVIL GOVERNMENT OF THE UNITED STATES. 

Ambassador-s are the highest diplomatic officers. They 
represent this Government at the capitals of the principal 
nations, like England and France, and aid in negotiating 
treaties, and inform those governments of the objections the 
President may have to any action they may be about to take 
which would aft'ect our rights in a foreign country. Ministers 
perform the same duties at the capitals of lesser nations, such 
as Mexico and vSpain. Consuls are not diplomatic officers at 
all, but their duties are to aid in facilitating our trade with 
foreign countries, to look after the comforts and rights of 
citizens who go abroad on business or pleasure, to administer 
on their estates in case of their death, and to exercise a pro- 
tective care over seamen, and in some non-Christian countries, 
such as China and Japan, they take jurisdiction over criminal 
cases in which Americans are concerned. 

153. The Treasury Department. — This department is 
second in rank, but usually first in importance. The Secre- 
tary of the Treasury superintends the collection and disburse- 
ments of public funds, exercises a watchful control over na- 
tional banks, and has charge of all moneys belonging to the 
United States. The payment of the Government bonds and 
other debts is made through his office. He more than any 
other officer must watch the effect of the volume of money and 
of the use of the different kinds of money on the business of 
the country. The business of the Government is brought 
closer to the people through this department than any other. 
The Secretary of the Treasury is assisted by auditors, comp- 
trollers, treasurers, collectors of ports, internal revenue col- 
lectors and thousands of minor officers. In New York, New 
Orleans, St. Louis and several other large cities are branches 
of the Trcasurv, called sub-treasuries, which have been estab- 



THE EXECUTIVE DEPARTMENT. 1 55 

lished that the pubHc moneys may be more readily collected 
and that one kind of money may be quickly exchanged for an- 
(^ther, for instance, gold for greenbacks, or silver certificates for 
silver dollars. Connected with this department are also the five 
Government mints at Philadelphia, San Francisco, New Or- 
leans, Denver and Carson, which coin gold and silver and 
minor coins as directed by Congress. 

No man directly interested in trade or commerce can be 
appointed Secretary of the Treasury, and the office has almost 
always been filled by "men of small incomes bred either to 
politics or the legal profession.'' Yet no department of the 
Government has been more faithfully administered. 

154. The War Department. — The Secretary of War 
superintends the military affairs of the United States and their 
islands. He has the care of providing, by using money fur- 
nished by Congress, for the support, clothing, guns, ammunition 
and other stores supplied for the army and militia, and has 
control of the construction of forts, arsenals and magazines. 
The army has been fully described in section iio, and the 
militia in section Ii6. Connected with this department and so 
closely joined to the work of the army as almost to be a part 
of it is another sub-department called the engineer department 
which has charge of river and harbor improvements. 

155. The Department of Justice. — The Attorney-Gen- 
eral is the head of this department. He is the legal adviser 
of all other departments. He appears in the Supreme Court 
in all cases in which. the interests of the United States are 
directly involved, and in every district court throughout the 
country there is a District Attorney and assistant attorneys to 
represent the Government in prosecuting violators of the laws 
of Congress. 



156 CIVIL GOVERNMENT OF THE UNITED STATES. 

156. The Post Office Department. — ?^Iore officers and 
employees of the Government belong to this department than 
to any other, possibly as many as to all others combined, includ- 
ing soldiers and officers in the army and navy in times of 
peace, for nearly two hundred thousand persons are connected 
with the postal system. The department has no other business 
except to receive, collect, carry and deliver the mails, but so 
extensive is the amount of that work that elsewhere a whole 
chapter is given to it (Chapter XI). 

157. The Navy Department. — In addition to what has 
been said in section 113, little need be said of this depart- 
ment. The navy consists of warships, docks and navy yards, 
and the officers and men in the navy service. These vessels 
are sent into any part of the w^orld where an American citizen 
or American trade may need protection, or American rights 
may be impaired. The Secretary of the Navy superintends the 
work to be done by the navy, and also superintends the con- 
struction of new vessels and the purchase of guns, torpedoes 
and other articles of equipment. 

The officers of the army and navy receive large salaries, 
that of a major-general $7,500, of a rear admiral $6,000, and 
of a cadet from the time he enters the military or naval 
academy about $500. All officers who have had forty years 
service may retire on three-fourths pay, and those who reach 
sixty-four years of age must retire. Thus the pay of retired 
officers of the army is over a million and a half dollars an- 
nually — almost equal to the salaries of all Representatives. 

158. The Department of the Interior. — This depart- 
ment was not organized until 1849. The work of issuing 
patents to inventors, of surveying and selling the public lands, 
of granting and paying pensions, belongs to the Interior De- 



THE EXECUTIVE DEPARTMENT. I 57 

partmeiit. Besides, there belongs to it the work of estabhsh- 
ing Indian agencies and supplying Indians with such money, 
clothing, food and education as Congress grants these 'Svards 
of the nation." In addition, there is a bureau of education, 
whose work consists chiefly of gathering statistics concerning 
all kinds of schools, and collecting and publishing under proper 
heads educational information. 

The irrigation or reclamation of arid lands is, also, a part 
of the work of this department. In 1902 the policy of the 
government in reference to public lands was changed. Prior 
to that time the net proceeds derived from all lands sold to 
settlers was turned into the Treasury, and disposed of a^ 
revenue. But in 1902 Congress provided that ninety-five per 
cent of the net proceeds thereafter derived from the sale of 
"public lands in Arizona, California, Colorado, Idaho, Kan- 
sas, Montana, Nebraska, Nevada, New Mexico, North Dakota, 
Oklahoma, Oregon, South Dakota, Utah, Washington and 
Wyoming should be used in constructing ditches and reser- 
voirs for the irrigation or watering of the arid and semi-arid 
lands" lying in those States and Territories. These lands are 
very rich if they can be properly watered. The purpose of this 
irrigation scheme is to collect the waters which come from 
snow or rain in the mountains, and instead of permitting 
them to run off to the sea through the long rivers, to turn 
them through these ditches across the plains, and distribute 
them at the proper times -over these dry lands. No' one can 
foretell the amount of the things that go to feed and clothe men 
which may be produced from these heretofore barren lands as 
the result of this comprehensive scheme to make them pro- 
ductive. 



158 CIVIL GOVERNMENT OF THE UNITED STATES. 

A Pension is a sum of money awarded to a soldier or 
sailor or his family, for past service in a war. Pensions are of 
two kinds : service pensions, and invalid or disability pensions. 
A service pension is an allowance of so much per month to all 
soldiers who served in a certain w^ar whether they were or 
are disabled by disease or not, or are dependent or poor or not. 
An invalid pension is a certain allowance to soldiers who were 
disabled by wounds or sickness in the war, or have since be- 
come disabled by disease or any other cause. The pensions 
now amount annually to more than one hundred million dollars. 
Prior to 1890 pensions were granted to soldiers of the Civil 
War, and their widows and minor children, only on account 
of disability or death due to service in the war. But now "all 
persons who served ninety days or more" on the side 'of the 
Union "in the military or naval service, and who were honor- 
ably discharged therefrom, and who are now or who may here- 
after be suffering from any mental or physical disability of a 
permanent character which so incapacitates them from the per- 
formance of manual labor as to render them unable to earn 

Pensions of the Several AVars. — The Commissioner of Pensions, in 
liis annual report of 100.3, makes this statement: "The following amounts 
have been paid to soldiers, their widows, minor children, and dependent 
relatives on account of military and naval service during the wars in which 
the United States has been engaged : 

Revolutionary war (estimated) ,$70,000,000.00 

War of 1812 (on account of service, without regard to 

disability) 45,186,197.2? 

Indian wars (on account of service, without regard to dis- 
ability) 6,234,414.55 

War with Mexico (on account of service, without regard to 

disability) 3.3,483,309.91 

War of the rebellion 2.878,240,400.17 

War with Spain 5,479.268.31 

Actual total disbursements in pensions .$^,038,623, 590.16"' 



THE EXECUTIVE DEPARTArENT. 1 59 

a support, are placed upon the list of invalid pensioners, and 
are entitled to receive a pension not exceeding $12 per month 
and not less than $6 per month, proportioned to the degree of 
disability to earn a support." If such pensioner die leaving a 
widow without means of support other than her daily labor 
and an actual net income not exceeding $250 per year, she 
receives $8 per month during her widowhood and $2 per 
month for each child of the soldier under sixteen years of 
age. 

Soldiers and sailors so disabled from wounds received or 
disabilities incurred /;/ tlic actual scrincc of icar as to be in- 
capacitated for performing any manual labor, but not to such 
an extent as to require personal attendance, receive a pension 
oi $30 per month ; if disabled to such a degree as to require 
frequent, though not constant, personal attendance, they re- 
ceive $50 per month ; and if so totally and permanently help- 
less as to require the constant personal attendance of another 
person, they receive $y2 per month. And soldiers or sailors 
disabled by reason of wounds received or disabilities incurred 
in the late war with Spain are entitled to the same-sized pen- 
sions granted to those of the Civil War, as are also' ofTicers 
or privates in the militia when in the actual service of the 
United States. 

If the pensioneer was an officer he receives a higher pen- 
sion than a private, the amount depending somewhat on his 
rank. 

Soldiers of the Mexican war, "destitute and wholly dis- 
abled for manual labor," receive a pension of $12 per month, 
and all other soldiers in that war and their unmarried widows, 
$8 per month, and the unmarried widows of soldiers of the 
war of 18 12, and the various Indian wars which occurred be- 



l6o CIVIL GOVERNMENT OF THE UNITED STATES. 

twcen 1832 and 1842, receive pensions at the rate of $8 per 
month. 

Since the formation of the Union there have been paid 
out more than three billions of dollars in pensions, and of 
this amount two billions eight hundred and seventv-eight 
millions was paid to Union soldiers, sailors and officers in the 
Civil \\^ar. Thus we see how expensive is war. 

159. Department of Agriculture. — This department is 
of recent creation. Formerly it was a bureau of the Interior 
Department. It was raised to the rank of an executive de- 
partment in 1889, when Norman J. Colman of Missouri was 
made the first Secretary of Agriculture. It collects and dis- 
seminates useful knowledge relating to the state of the crops, 
and to agriculture in general. It conducts experiments and 
distributes among the people such plants and seeds of garden 
and farm products as these experiments show will be of the 
greatest usefulness to mankind. It also endeavors to discover 
effective and inexpensive cures for infectious diseases among 
cattle, sheep and hogs, and useful methods for exterminating 
pests to cotton, grapes, apples and other plant life. 

160. The Department of Labor and Commerce was 

created in 1903, "to foster, promote and develop the foreign 
and domestic commerce, the mining, manufacturing, shipping 
and fishery industries, the labor interests and the transportation 
facilities of the United States." It has a bureau of navigation, 
another of coast and geodetic survey, and there is a com- 
missioner of immigration, and another of statistics, and it also 
has charge of the census. There is another bureau of manu- 
facturing "to foster, promote and develop the various manu- 
facturing industries of the United States, and markets for the 
same at home and abroad, by gathering, compiling and pub- 



THE EXECUTlVIi DEPARTMENT. t6i 

lishing useful information concerning such industries and such 
markets, and concerning corporations engaged in commerce 
among the States and foreign countries, and to gather such 
information as will enable the President to recommend to 
Congress proper legislation for regulating such corporations 
in the interest of the whole people." It is designed to be the 
department of general publicity of the business affairs of the 
country. 

Questions on Chapter XVI. 

1. How is the executive business of the government divided? 
(151) 

2. Name the heads of these departments. (151) 

3. How are they all designated? (151) 

4. What relation do they sustain to him? (151) 

5. Are they called the "Cabinet" in the Constitution? (151) 

6. Why are they so called? (151) 

7. Do they have any legislative powers as in England? (151) 

8. What are the principal duties of Secretary of State? (152) 

9. Discuss ambassadors, ministers and consuls. (152) 

10. What are some of the duties of Secretary of Treasury? 
(153) 

11. How is he assisted? (153) 

12. Who may not be Secretary of Treasury, and what is said 
of the character of the men who have filled the office? (153) 

13. What are the duties of the Secretary of War? (154) 

14. What is said of the Department of Justice? (155) 

15. Of the Post Office Department? (156) 

16. Of the Navy Department? (157) 

17. Of the salaries and retirement of army and navy officers? 

(157) 

18. What is said of the Department of the Interior? (158) 

19. What is said about irrigation? (158) 

20. Read carefully and discuss what is said on the subject of 
pensions. (158) 

21. What is said of the Department of xA-griculture? (159) 

22. Read what is said of the Department of Labor and Com- 
merce. (160) 

II 



CHAPTER XVII. 

THE JUDICIAL DEPARTMENT. 

161. Necessity For. — By the judicial department of 
the Government we mean its courts. Courts had existed in 
the colonies long before the adoption of the Constitution. But 
before that there had been no United States courts. There 
had really been no Union prior to the adoption of the Articles 
of Confederation, and one great weakness of the Government 
under those articles had been a lack of courts of its own to 
determine disputes in which the laws of Congress were in- 
volved. They left to the State courts the duty of enforcing 
those laws, and the result was a lack of harmony as to how far 
Congress had a right to extend them. Those courts in one 
State would decide those laws were binding on the State or 
its people, and those of another State would decide to the con- 
trary. Hence, the laws of Congress became of little force. 
They were enforced in those States most desirous of having 
them, and not in those States where the people objected. 
There was no one court in which final authority was lodged. 
The framers of the Constitution, therefore, wisely determined 
that the Union needed courts of its own to interpret and en- 
force its laws, and to settle disputes between two or more 
States, or between citizens of different States. The creation 
of United States courts by the Constitution did as much to 
make the Union a real government as any other of its pro- 
visions. Under the Articles of Confederacy the Government 
really had only one department, the legislative, but the Con- 

(162) 



THE JUDICIAL DKi'AKTMENT. 163 

stitution added a President and the courts, and it thereby 
made the United §tates government correspond in its main 
features to the State governments ah-eady existing. 

No government can be dependent on another for the en- 
forcement of its authority. Wherever the rights of any man 
under the laws of Congress are involved, the Government 
should have its own courts to determine the extent of that 
authority. 'Besides, controversies are sure to arise betw^een 
citizens of different States, and possibly between States them- 
selves, and in order that harmony may prevail in the whole 
Union, it is necessary that there should be courts of the general 
government authorized to settle those controversies. Thus we 
see the necessity for United States courts. 

Courts are a necesary part of republican government. 
Without them the American people would not have the liberty 
they now enjoy, nor be so civilized and peaceable in the en- 
forcement of law and order. Upon the United States courts 
is devolved the duty of applying the laws of Congress in indi- 
vidual cases. Congress passes laws, but it cannot enforce 
them. The duty of saying to what particular individuals 
those laws apply and just how far they shall be enforced be- 
longs to the courts, and a court is necessary in order that 
before they are applied against any person he may have a 
full hearing before an impartial tribunal, and that means an 
impartial judge and an impartial jury of his fellow-citizens. 

162. Where Vested. — The Constitution says that "the 
judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress 
may from time to time ordain and establish." The Supreme 
Court consists of a Chief Justice and eight associate justices, 
and this number mav be increased bv Congress. All its ses- 



164 CIVIL GOVERNMENT OF THE UNITED STATES. 

sions are held in Washington. Its jurisdiction is ahiiost en- 
tirely appellate ; that is, causes are not begun in it, but in an 
inferior court, and taken to it by appeal. Habeas corpus cases, 
however, may originate in this court, as may, also, cases affect- 
ing ambassadors, other public ministers and consuls, and those 
in which a State is a party. 

The inferior courts are of three kinds, and all were estab- 
lished by Congress. They are district courts, the circuit courts 
and the circuit courts of appeals. All these of course are 
different from courts of similar names existing by reason of 
State law. They are sometimes called ''Federal courts," while 
the others are called "State courts." 

1. In each State there are one or more United States 
district courts, and sessions of these courts are often held in 
three or four of the principal towns of the district. They trv 
persons charged with violating the criminal laws passed by 
Congress, and civil suits where small amounts of property are 
involved, and suits to enforce the collection of internal revenue 
taxes. They consist of a district judge, a grand jury, a trial 
jury, a United States attorney, a marshal and a clerk, and 
members of the bar. There are about sixty-five of them in 
the United States, two of them being in Missouri. For the 
eastern district, sessions are held at St. ' Louis and Hannibal, 
and for the western district at Jeft'erson City, Kansas City, 
St. Joseph, Joplin and Springfield. 

2. Next to the district courts are the United States circuit 
courts. The whole country is divided into nine circuits, hence 
one circuit will embrace several States ; thus, the eighth circuit 
embraces Missouri, Iowa, Nebraska, Kansas, Colorado, Utah, 
Wyoming, North Dakota, South Dakota, Arkansas and Min- 
nesota. Two annual sessions of the circuit court are held in 



THE JUDICIAL DEPARTMENT. 165 • 

at least one place in each district, and often in two places 
therein. It will be seen that there are as many circuits as there 
are justices of the Supreme Court. The number is made the 
same in order that one member of that court may be assigned 
to attend circuit courts of each circuit, which he is required to 
do at least once in two years. The judges of a circuit court are 
this justice of the Supreme Court and two and sometimes 
three or four circuit judges. They do not all sit together at 
any term of the court, but usually one of them holds court in 
one district, and another in another district, for "circuit courts 
may be held by the Supreme Court justice allotted to the cir- 
cuit, or by a circuit judge of the circuit, or by the dis- 
trict judge of the district sitting alone, or by any two of 
the said judges sitting together." This court also tries crim- 
inal cases, it tries suits at law and in equity involving large 
amounts of property (usually over $500), and it interprets 
the tariff laws. It is a trial court, and therefore it has a 
trial jury and (when the circuit judge deems it necessary) 
a grand jury. 

3. For each circuit there is a circuit court of appeals, 
composed of three judges, who may be the circuit judges 
of the circuit, or the Supreme Court justice assigned to that 
circuit and two of the circuit judges, or that justice, a circuit 
judge and a district judge. This is not a trial court; its 
business is to review such cases as are taken to it by appeal 
from the circuit courts or district courts. But it would be 
manifestly unfair to permit a circuit judge to sit in a court 
which reviews the trial of a case at which he presided. The 
law provides that no judge wdio sat at the trial of a case can 
sit at the hearing on its appeal, and therefore, in order that 
the court of appeals may have three impartial judges, it may 



l66 CIVIL GOVERNMENT OF THE UNITED STATES. 

be necessary to bring in a district judg-e, or the Supreme 
Court justice, to sit in the place of the one thus disquahfied. 
But where there are four circuit judges in the circuit (as is 
the case in the eighth, the one you hve in) three impartial 
circuit judges — the number necessaary to constitute a court 
of appeals — may in most cases be found among the circuit 
judges, and hence it will rarely be necessary that either the 
Supreme Court justice or, a district judge be called in, in 
order to make a full bench. In most instances the decision 
of this court of appeals in cases appealed to it, is final ; but if 
a Supreme Court justice is of the opinion that that decision is 
erroneous he can direct that the case be sent up to the Supreme 
Court, and the court of appeals may itself certify up to that 
court any questions of law concerning which it desires'^in- 
struction from it. 

But all cases tried in the circuit or district courts are not 
appealable to the court of appeals, for those involving the con- 
stitutionality of a law or the construction of the Constitution, 
and certain others, are sent directly to the Supreme Court. 

Sessions of the Circuit Court of Appeals for the Eighth 
(Circuit are held in St. Louis, St. Paul, Denver and Cheyenne. 

4. The Court of Claims, composed of five judges, sits in 
Washington to pass upon claims against the United States. 
Under the law the Government can not be sued. But it fre- 
quently happens that the Government beconies indebted to 
someone who has rendered it service, or to one whose property 
it has appropriated, or damaged. This court investigates such 
claims, and if it finds them just it so reports to Congress, 
which usually, but not always, makes an appropriation from 
its revenue to pay them. But the Congress has the power to 
refuse such payment, and neither the President nor any court 



THE JUDICIAL DEPARTMENT. * 167 

can compel Congress or any officer to pay any claim against 
the Government. 

163. Checks on Congress. — The Supreme Court is a 
constant check on Congress. That hody may pass a law 
which this court may nullify by declaring it to be in conflict 
with the Constitution, and if the President or any United 
States judge after that persists in enforcing it Congress may 
impeach him for doing so. The Constitution does not say that 
the Supreme Court shall have power to declare a law uncon- 
stitutional. Its authority to do that is primarily found in the 
oath of its judges. The Constitution binds the judges of that 
Court (and all other public officers) "by an oath or affirmation 
to support this Constitution." Their plain duty then is, when 
a law comes before them to be enforced, to determine whether 
or not it is constitutional, and if they declare it is not, that 
is the end of it. The laws of Congress for a long time have 
directed the attention of this court to the duty of determining 
the constitutionality of a law of Congress or of any particular 
State, and for an ecjually long time all the people have assumed 
that that duty most appropriately belongs to that highest 
judicial body. Hence, it may be truthfully said that it is the 
especial duty of this court to guard the Constitution, and that 
whenever it fails to nullify any law that conflicts with the true 
meaning and purpose of the Constitution that instrument will 
to that extent be of no value to the people. 

164. Tenure of Office. — Judges of all Federal courts 
are appointed by the President, by and with the advice and 
consent of the Senate. If the Senate refuse to confirm the 
President's appointment, he makes another selection. If the 
Senate approves his appointment, the jud^e holds office "dur- 



l68 * CIVIL GOVERNMENT OF THE UNITED STATES. 

ing- good behavior ;" that is, he holds office for hfe, unless he 
voluntarily retires or is removed. For corruption or oppres- 
sion in office he may be impeached by Congress and removed ; 
and for private crimes he may be tried as any other citizen. 
But aside from these exceptions, he may hold oft'ice during 
life. If he desires, at the age of seventy years he can retire, 
if he has served ten years, and his salary will continue until 
his death. It was supposed that if such a provision were made 
for these judges they would be independent and free to du 
right, without fear or favor. 

165. Salaries. — And the same idea led to the provision 
that the salary of no judge shall be diminished while he re- 
mains in office. His salary may be increased, but it cannot be 
made less than it was at the time of his appointment. Thus 
the salary of the Chief Justice in 1789 was made $4,000; in 
1873, $10,500, and in 1903, $13,000. His salary has never 
been reduced. Each of the other justices of the Supreme 
Court receives $12,500 per year; a circuit judge, $7,000; a 
district judge, $6,000. And in some cases the necessary trav- 
eling expenses incurred by them in attending court is paid by 
the Government. 

166. Jurisdiction of What Causes. — Usually the Fed 
eral courts have nothing to do with disputes between citizens 
of the same State, nor with punishing the violations of the 
laws of any particular State. Before they can interfere ni 
controversies wholly within a State it must be made to appear 
that some of the parties have been denied some right guaran- 
teed by the Constitution or laws of the United States. Federal 
courts concern themselves almost entirely with disputes be- 
tween States, and disputes between citizens of different States. 



THE JUDICIAL DEPARTMENT. 169 

They also settle controversies at sea between ship companies, 
passengers and shippers, and the rights of aliens and citizens 
under treaties. And they of course settle disputes which arise 
over commerce among the States. 

167. Trial by Jury. — The Constitution says that "the 
trial of all crimes, except in cases of impeachments, shall be 
by jury; and such trial shall be held in the State where the 
said crimes shall have been committed." And by the seventh 
amendment it is provided that in suits at common law for 
property, "wdiere the value in controversy shall exceed twenty 
dollars, the right of trial by jury shall be preserved." Thus, 
trial by jury in suits on contracts and for damages, and in 
criminal cases, is a part of the fundamental law. But trial by 
jury was no new thing ; it had existed in this country long 
before the Constitution was adopted, in fact from the time of 
the first settlements, and in England long before that. 

168. In Criminal Cases. — The Constitution not only 
says that "the trial of all crimes . . . shall be by jury," but 
also that "such trial shall be held in the State where such 
crimes shall have been committed," and the sixth amendment 
wxnt further and said that "the accused shall enjoy the right 
to a speedy and public trial by an impartial jury of the State 
or district wherein the crime shall have been committed, . . 
and to be informed of the nature and cause of the accusation ; 
to be confronted with the witnesses against him ; to have com- 
pulsory process for obtaining witnesses in his favor, and to 
have the assistance of counsel for his defense." 

I. The trial is to be by a jury of the district for two 
reasons : First, it adds to the strength of society to require 
each community to say for itself whether or not it will punish 



I/O CIVIL GOVERNMENT OF THE UNITED STATES. 

a crime committed in its own midst. Responsibility for the 
maintenance of order sobers a people. It leads inhabitants 
of the community to feel that the burden of preserving order 
is upon them. The best way to qualify a people for self- 
government is to permit them to share in and be responsible 
for it. In the next place, the citizens of the district are likely 
to be less prejudiced against the accused, and less likely to be 
indififerent to his rights, and hence more likely to be controlled 
by the principles of justice, than those of a district far away. 

2. A just government will insure accused persons a 
speedy (rial. In some countries men are thrown into prison 
for small offenses and kept there without trial ten or twenty 
years and even a lifetime. No one knows whether they are 
guilty or not, and as a result the people look upon the govern- 
ment as cruel and oppressive. A trial should not be so post- 
poned as to deprive society of protection against criminals, 
nor yet be so hurried as to deny the accused a fair trial. 

3. All trials should be publie. If they could be con- 
ducted in secret the enemies of the accused might so manipu- 
late things as to condemn him out of hate, and not for violating 
a law of the land. When the trial is public, and speedy, and 
the accused is condemned by an impartial jury of his own 
community, in the choosing of which he had something to do, 
justice is more likely to be done and the good of society con- 
served. 

4. The accused has the right to be confronted icith the 
Tvitn esses against him. They meet each other face to face at 
the trial. He can not be tried in his absence. If he escapes, 
the trial must be postponed until he is captured and brought 
into court. This is necessary, lest some advantage be taken 
of him in his absence. 



THE JUDICIAL DEPARTMENT. T7I 

5. The court will also compel zcitiicsscs in his favor, if 
their testimony is shown to be material and valuable to him, to 
.come into court and testify, whether he be able to pay their 
expenses or not. It would be clearly unjust to condemn any 
person if there are witnesses somewhere who could prove him 
not guilty, but whom he cannot obtain because of a lack of 
means. The Government does not wish to punish the inno- 
cent, and in order that it may never do so it grants to the 
accused "compulsory process" to compel witnesses to come 
into court and testify in his behalf what they, actually know. 

6. The accused is also entitled to a lawyer or counsel to 
assist in his defense. If he is poor and unable to employ 
counsel, the court can compel members of the bar to defend 
him, free of cost. 

All these privileges are guaranteed to one liable to have 
his life or liberty taken from him by the court. The court 
must avoid every form of cruelty and oppression, and these 
things the framers of the Constitution deemed a necessary 
part of a fair trial. But if, in spite of all these advantages 
for proving his innocence, an impartial jury of his country- 
men declare him guilty as charged in the indictment, the 
accused must be punished in order to put a stop to crime. 

169. In Civil Cases. — The Constitution as originally 
adopted said nothing about trial by jury in a contest for prop- 
erty. It seemed to be assumed that a jury would be allowed 
in such cases acconling to the custom which had long ob- 
tained among all English-speaking people. But it was soon 
determined to remove all doubt about the matter by an amend- 
ment to the Constitution. By amendment seven it was de~ 
clared that "in suits at common law, where the value in con 



172 CIVIL GOVERNMENT OF THE UNITED STATES. 

troversy shall exceed twenty dollars, the right to trial by jury 
shall be preserved, and no fact tried by a jury shall be other- 
wise re-examined in any court of the United States, than ac- 
cording to the rules of the common law." This amendment 
did not create a jury trial to determine property rights; that 
method had long existed ; it simply said that it should be 
"preserved ;" that neither the courts nor the Congress should 
have power to take it away. 

It is the peculiar province of the jury to determine issues 
of facts. If the suit is for breach of contract, they decide (i) 
whether or not there was a contract, (2) and if so, whether 
or not it has been broken, and (3) if broken, how much has 
been the damage. If one tries to recover damages from a 
railroad for negligence in breaking his arm, the jury decide 
( i) whether or not the railroad was negligent, (2) and if so, 
whether or not that negligence resulted in breaking the arm, 
and (3) if so, how much is his damage. All these are ques- 
tions of fact, which the jury are to decide, and the law is that 
they must find what facts are true, and make up their verdict 
accordingly. Neither the judge nor the appellate court will 
interfere with their verdict if there was any substantial evi- 
dence to support it, and the case was tried as the law requires. 
But of course if there is no evidence at all, or if the case was 
not tried according to law, the judge or the appellate court 
will not permit their verdict to stand, for that would be un- 
just — and this is what is meant by the words "according to 
the rules of the common law" used in this seventh amend- 
ment. They mean that juries were to have the same powers 
after that amendment was adopted that they had long had in 
the courts of the colonies and in England, and that the judge 
must still have the right to say what was the law by which 



THE JUDICIAL DEPARTMENT; 1 73 

they were to be governed. Those rules are in force now, and 
will be so long as that amendment remains unchanged. They 
have become a part of the constitution or statutes of almost 
every State in the Union, and hence the proceedings and 
practice of all courts throughout the land are very much the 
same. We can then see how much they have done to systema- 
tize and harmonize proceedings in all American courts. 

170. Indictment by Grand Jury. — It is provided by the 
fiftli amendment that "no person shall be held to answer for 
a capital or otherwise infamous crime unless on a presentment 
or indictment of a grand jury except in cases arising in the 
land or naval forces, or in the militia, when in actual service 
in time of war or public danger." A grand jury in most of 
the States is composed of twelve citizens, but in a Federal 
court it consists of "not less than sixteen nor ^more than 
twenty-three persons." 

I. They meet in secret session, under oath, and inquire 
of witnesses summoned before them if a crime has been com- 
mitted, and if so they draw up and present to the court a 
formal written charge called an indictment, which authorizes 
the court to put the person named therein on his trial. It 
specifically informs him of the crime he is charged with having 
committed. The sixth amendment says that "the accused shall 
enjoy the right to be previously informed of the nature and 
cause of the accusation," and this indictment is for that specific 
purpose. It is placed in his hands before the day of the trial, 
and he cannot be tried for any other crime than the one therein 
charged against him. In this way the accused person is given 
a chance to meet and overthrow the charge, if false. 

A capital crime is one punishable with death, and the 
words "infamous crime," as here used, mean anv kind of 



174 CIVIL GOVERNMENT OF THE UNITED STATES. 

felony, which inckides all crimes punishable by death or im- 
prisonment in the penitentiary. Before one can be convicted 
of such a crime in a Federal court, he must be indicted by a 
grand jury, and so long as the grand jury refuses to indict him 
he can never be placed upon trial. 

2. Of course, these words from the fifth amendment do 
not mean that one can not be "held" for a crime until he is 
first indicted. If that were the case, many a criminal would 
escape punishment by leaving the country before a grand 
jury could be called. He can be arrested as soon as the 
crime is committed and if he cannot give bond to appear ni 
court at the next meeting of the grand jury, he can be con- 
fined in jail until it does meet. It is not denying him a right 
to a "speedy trial" to hold him that long. In some cases, such 
as atrocious murder, he cannot have his liberty until the grand 
jury meets by giving bail, for however large and strong his 
bond might be he might never appear. If any person admitted 
to bail does not appear, his bond is forfeited and his bondsmen 
must pay the amount thereof. 

3. It will be observed that according to the fifth aniend- 
ment persons ''in the land or naval forces, or in the militia, when 
in actual service in time of war or public danger," may be "held 
to answer" for an infamous crime without being previously 
indicted by a grand jury. This is necessary for the preserva- 
tion of order in an army. "In timics of war" men's passions 
break loose, and if order is to be preserved in the army, the 
army must have the right to punish those soldiers who break 
its regulations and- commit crimes. The army and navy have 
their own system of trials, called a court-martial, which aft"ords 
a summary and speedy way of holding offenders in check. 



THE JUniCIAL l)L:i'AKTiMl':NT. 1/5 

171. Twice in Jeopardy. — It is further said in the fifth 
amendment: "Nor shall any person be subject for the same 
oiTense to be twice put in jeopardy of life or limb." This 
means that when the accused has once been acquitted by a 
trial jury he can never be tried again for the same ofifense, 
however much testimony may be found against him. He may 
be tried again and again until the jury finally agrees upon a 
verdict, but when that has been done he can not be tried again 
except on his owai motion for a new trial ; if acquitted, of 
course he will not ask for a new trial. And if once con- 
victed and punished for a crime he can never be tried or 
punished again for that crime. 

172. Self-Conviction. — Another part of the fifth 
amendment is: "Xo person shall be compelled in any criminal 
case to be a witness against himself." The accused person 
may, if he choose, testify in his own behalf, and if he does 
that, the Government has the right to cross-examine him, so 
as to test the truthfulness of his story ; but he cannot be pro- 
duced by the prosecution as a witness and tortured into tcstifv- 
ing against himself. He must voluntarily do so, or not at all. 
Any person subpoenaed before a grand jury and asked to 
inform them concerning a crime in which he had a part, need 
do nothing more to shield himself than to say to them that 
his testimony might tend to incriminate him, and then they 
cannot compel him to testify further. 

173. Due Process of Law. — The sixth amendment con- 
tinues : "No person shall be deprived of life, liberty or prop- 
erty without due process of law." 

Due process of law means according to the settled course 
of proceedings in court. It means trial by jury before a 



176 CIVIL GOVERNMENT OF THE UNITED STATES. 

regularly elected or appointed judge ; it means the observance 
of all those rights which have been discussed in this chapter, 
beginning with section i66. 

The provision that "no person shall be deprived of life, 
liberty or property without due process of law," therefore, 
means that no person can be deprived of those things by any 
tribunal except a court, and then only when all his legal 
rights are observed at the trial. There is a similar provision 
in the Constitution of every State. Such provisions mean that 
the President, the Congress, the Governor, the General Assem- 
bly, and all private citizens and all public officials must yield 
obedience to the authority of the courts. They are meant to 
prohibit lynchings and mob violence. The people have no 
right to inflict punishments according to their own will. Every 
person in a township or a county might gather in a crowd or 
mass-meeting and agree that an accused person should be 
punished in a certain way, and might proceed to inflict that 
punishment, but all of them would be law-breakers and every 
one of them a criminal. The courts have been established for 
the administration of justice, and in no other way and by no 
other body can it be legally administered. 

Questions on Chapter XVII. 

1. Of what does the judicial department consist? (i6i) 

2. Were there any courts before the adoption of the Consti- 
tution? (i6i) 

3. How were laws of Congress enforced? (161) 

4. What was the result? (161) 

5. What was the result of creating United States courts? 
(161) 

6. Why should there be United States courts? (161) 

7. Why are courts necessary in a republic? (161) 

8. What duty devolves on United States courts? (161) 



THE JUDICIAL DEPARTMENT. \']'-J 

9. Where is the judicial power vested? (162) 

10. Discuss the Supreme Court. (162) 

11. What are the inferior courts? (162) 

12. Discuss district courts. (162) 

13. Circuit courts. (162) 

14. Circuit courts of appeals. (162) 

15. What is said of the Court of Claims? (162) 

16. How may the Supreme Court be a check on Congrtr^s? 
(163) 

17. Where does it get that authority? (163) 

18. What is the especial duty of that court? (163) 

19. How and for how long are judges chosen? (164) 

20. What are their salaries? (165) 

21. With what disputes do not Federal courts deal? (166) 

22. With what disputes do they deal? (166) 

22). What does the Constitution say of trial by jury? (167) 

24. Had there been jury trials before the Constitution was 
adopted? (167) 

25. -Where must jury trials occur? (168) 

26. What rights shall the accused enjoy? (168) 

2^]. What two reasons why trial should be by jury of the dis- 
trict? (168) 

28. What is said of speedy trials? (168) 

29. Why should trials be public? (168) 

30. Must all witnesses against the accused be present at the 
trial? (168) 

31. Can he be tried in his absence? (169) 
2)2. Suppose witnesses will not appear? (169) 

2Z- Suppo'se he is too poor to employ counsel? (169) 

34. Was jury trial in civil cases at first guaranteed by the 
Constitution? (169) 

35. What did amendment seven declare? (169) 

36. Did it create a jury trial in civil cases? (169) 

27. What is the province of the jury? (169) 

38. When will the judge interfere with their verdict? (169; 

39. How is a grand jury composed? (170) 

40. How is an indictment found? (170) 

41. What is an indictment? (170) 

42. What is its specific purposes? (170) 

12 



178 CIVIL GOVERNMENT OF THE UNITED STATES. 

43. Can an unindicted person be convicted of a felony in a 
Federal court? (170) 

44. If the accused is once aquitted can he be again tried for 
th"e same crime? (171) 

45. Can any person be forced to testify against himself? (172) 

46. What is due process of law? (173) 

47. What is said of lynchings? (173) 



CHAPTER XVIII. 

MISCELLANEOUS PROVISIONS. 

174. New States.— A part of section 3 of article 4 of 
the Constitution is: "New States may be admitted by the 
Congress into this Union ; btit no new State shall be formed 
or erected within the jurisdiction of any other State, nor an;, 
State be formed by the junction of two or more States, or 
parts of States, without the consent of the legislatures of the 
States concerned, as well as of the Congress." 

Twelve States took part in framing the Constitution, and 
ten of these had adopted it at the time George Washington 
was elected President in 1789. Rhode Island declined to send 
delegates to the Constitutional Convention, and did not adopt 
the Constitution for thirteen months after the first President 
was inaugurated. North Carolina had not adopted it at the 
time of his inauguration, and New York took no part in his 
election. But by May 29, 1790, all the thirteen original colo- 
nies had adopted the Constitution, and thereby they became 
subject to its authority. They had already been a part of the 
Union formed under the Articles of Confederation, and all 
they had to do, therefore, to become a part of the Govern- 
ment created by the new Constitution, was to ratify it. 



MISCELLANEOUS PROVISIONS. 179 

But the words "admitted to the Union" have more than 
once been held to mean that Congress can prescribe the terms 
upon which "new States may be added to this Union." On 
January 19, 1791, Vermont w^as admitted to the Union as the 
first "new State." Since then thirty-one others have been 
achnitted. and now the whole number is forty-five, the last 
admitted being Utah. 

Both Kentucky and West Virginia were formed into new 
States from territory formerly embraced within Virginia : Ken- 
tucky, by the consent of the Virginia legislature ; West Vir- 
ginia, on the consent of its inhabitants. The admission of 
West Virginia was not strictly in keeping with the Constitu- 
tion, for it was not admitted with "the consent of the legisla- 
ture" of Virginia. But Virginia had seceded from the Union 
at that time, and the counties now constituting West Virginia 
did not wish to secede, and petitioned Congress to be organ- 
ized into a separate State and be admitted to the Union, and. 
that was done. 

175. Public Lands. — The Constitution says that ''the 
Congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other propert}' 
belonging to the United States." 

The Government from the beginning has encouraged its 
citizens to buy its lands and make for themselves homes. The 
usual price for the best lands in a State like Missouri was 
$1.25 per acre, but swamp and saline lands were sold for 
much less. The sales of these lands were made through the 
General Land Office at Washington, which issued to each 
purchaser a patent, or a written deed signed by the President, 
guaranteeing that the Government would protect the pur- 



l8o CIVIL GOVERNMENT OF THE UNITED STATES. 

chaser against the claims of all other persons. A United 
States patent, therefore, is the best basis one can have for a 
title to his land. In addition to the general land ofifice, there 
are local land officers for the various districts in which the 
Government has land for sale. 

The unpatented lands within- a State when ''admitted" to 
the Union are retained by the United States until sold, then 
they become subject to the authority of the State, which pre- 
scribes rules by which they may be taxed and be sold by their 
owners to other persons. In several States, however, the 
Congress has turned over to them certain swamp lands, to be 
sold, and the proceeds applied to draining them ; and again 
it has given other lands to a State in aid of a university or 
other schools. 

The lands of the Louisiana Purchase have been disposed 
of by the Union as above set out, but Texas was not created 
out of territory belonging to the United States, but was ad- 
mitted to the Union as an "independent republic," and there- 
fore Texas has been permitted to dispose of her own public 
lands, and retain the money received therefor. 

In States west of the Mississippi river some of the lands, 
instead of being sold for so much an acre, were granted to 
actual settlers in quantities of i6o acres at the small fee of 
fifteen dollars, the settler having proved an actual residence 
thereon of five years. These were called homesteads. And 
from the earliest times lands have been given to soldiers in 
payment of services performed by them in war. These were 
called military bounty lands. 

176. Regulation of Territories. — The population of 
America has constantlv moved west. All the territory settled 



MISCELLANEOLTS rROVISlONS. l8l 

by English-speaking- people west of the Mississippi river, has 
been settled since the Constitution was adopted. As these 
settlers gathered in a certain region in such numbers as to 
indicate that they were there to stay and that others would 
rapidly join them, Congress would provide a government for 
them, under the clause of the Constitution which says that 
Congress shall ''make all needful rules and regulations for 
the territory of the United States." It began by declaring 
that a certain tract of the country should be organized into a 
Territory to be known by a certain name, and be governed 
by a code of laws framed by a commission of three or four 
men, one of whom was usually the governor appointed by the 
President, another a judge, also appointed by him. These 
laws were reported to Congress, and if acceptable to it, were 
made binding by it upon all the inhabitants of the Territory. 
This simple government sufficed for a time, but as the set- 
tlers continued to grow more numerous, the Congress would 
authorize them to elect delegates to a territorial legislature, to 
frame laws for themselves, the Congress still retaining the 
right to annul any law made by this legislature. Later on it 
authorized the people to elect delegates to a convention to 
frame a constitution as a basis for the admission of the Ter- 
ritory into the Union. If this constitution was acceptable to 
Congress and provided a republican form of government, the 
Territory was admitted to the Union as a State. But until 
admitted, its governors and principal officers had been ap- 
pointed by the President. 

177. Oath of Office.— "The Senators and Representa- 
tives before mentioned, and the members of the several State 
legislatures, and all executive and judicial officers, both of 



l82 CIVIL GOVERNMENT OF THE UNITED STATES. 

the United States and of the several States, shall be bonne! 
by oath or affirmation to snpport this Constitntion ; bnt no 
religions test shall ever be reqnired as a qnalification to any 
office or pnblic trust under the United States." 

1. The oatJi prescribed by the Constitution for the Pres- 
ident is in these words: "I do solemnly swear (or affirm) 
that I will faithfully execute the office of President of the 
United States, and will, to the best of my ability, preserve, 
protect and defend the Constitution of the United States." 
The oath that the Chief Justice must take is this : 'T do 
solemnly swear (or affirm) that I will administer justice 
without respect to persons, and do equal justice to the poor 
and to the rich, and that I will faithfully and impartially 
discharge all the duties incumbent upon me as Chief Jus- 
tice, according to the best of my abilities and understand- 
ing, agreeable to the Constitution and laws of the United 
States ; So help me God." And the oath of every justice of 
the Supreme Court, and of every circuit and every district 
judge is the same with such variations only as must neces- 
sarily be made for a difference in the name of the judge and 
in the name of the court. The wording of the oath for other 
oft'icers varies according to their duties, but such oath always 
includes a pledge to support the Constitution of the United 
States. 

Some persons, as for instance the Quakers, on account 
of their religious beliefs, will not take oaths, and hence thev 
are required to "solemnly affirm." 

2. The Constitution does not permit Congress to pre- 
scribe a religious test for office. The Government can not 
interfere with any man's religion. He can not be denied 
office simply because he adheres to certain religious teachings, 



MISCELLANEOITS PROVISTONS. iS^ 

nor because he is not a member of any relii^'ious denomina- 
tion. Yet, nevertheless, in ahnost every oath the words, "So 
help me God," appear. • Bnt they are not regarded as a "re- 
ligions test," bnt simply a solemn call on God to witness the 
promise that the man makes. 

178. Private Property for Public Use. — The last clause 
of the fifth amendment is: ''Nor shall private property be 
taken for public use without just compensation." One of the 
purposes of the Government is to compel men to respect the 
rights of others to enjoy their property ; but to do this it 
must itself show that it respects the rights of its citizens to 
their own. Hence, it can not take the property of any citizen 
without paying him what it is worth. 

179. Treason. — Every government must have power 
to punish those who rebel against its lawful authority. "Trea- 
son against the United States shall consist only in levying 
war against them, or in adhering to their enemies, giving 
them aid and comfort." It is the highest crime with which 
a person may be charged, and may be punished by the most 
severe penalties ; but that punishment cannot work "corrup- 
tion of blood," which means that the crime cannot be visited 
upon the children of the traitor. On the contrary, the Con- 
stitution says that "all persons born in the United States" 
are citizens, and this means that the children of a person who 
has been convicted of treason are as much citizens as those 
of the most law-abiding patriot. "No person can be con- 
victed of treason except on the testimony of at least two wit- 
nesses to the same overt act, or on confession in open court." 
The Constitution nowhere says that where a person is 
charo-ed with some other crime, there must be at least two 



184 CIVIL GOVERNMENT OF THE UNITED STATES. 

witnesses to "tlie overt act" or he cannot be convicted, but 
in some States that is the rule, but in most of them any kind 
of proof which "satifies the mind of the jury beyond a reason- 
able doubt of the guilt of the accused" is sufficient to convict 
him. Fortunately, there have been few trials for treason in 
America. The most noted was that of Aaron Burr charged 
with trying to organize the people of the Mississippi valley 
into a separate government, and in that it was held (by Chief 
Justice Marshall) that treason must be shown by some overt 
(that is, an open, public, manifest) act, and did not consist 
merely of treasonable intention and words. 

180. Power to Enforce Its Authority. — After recitinrr 
in detail the powers given to Congress (which have been 
already discussed under proper heads) the Constitution says: 
"The Congress shall have power to make all laws which shall 
be necessary and proper for carrying into execution the fore- 
going powers, and all other powers vested by this Constitu- 
tion in the Government of the United States, or in any depart- 
ment or oft'icer thereof." 

This is a needed provision. A government must have 
authority to enforce the laws which the Constitution gives its 
legislative body power to enact. Those laws do not enforce 
themselves. . The Government cannot depend on the whims or 
good will of the citizens to enforce them. It must invest 
certain officers with power to execute its will, and those 
officers are the courts and the various executive officers. 
But this clause does not give Congress unlimited powers. It 
does not give it power to pass any law it may deem "necessary 
and proper." It has power to pass any law it may deem 
"necessary and proper" for enforcing the powers which the 



MISCELLANEOUS PROVISIONS. 185 

Constitution has vested in it and in other departments of 
the Government. 

But it cannot pass a law to enforce a power which has 
not somewhere in the Constitution been vested in the Union, 
and it was because it was feared that it might sometime un- 
dertake to do that that the tenth amendment was adopted, 
which says that all "powers not delegated to the United States 
by the Constitution, nor prohibited by it to the States, are 
reserved to the States respectively, or to the people." So that 
when Congress desires to pass a law it deems "necessary and 
proper," the first inquiry is, has Congress been given by the 
Constitution power to pass such a law? If not, it should not 
be passed. But Congress itself may think it has power to 
pass it, and do so ; then it will be for the President to decide 
whether or not it has such power, and if he thinks it does 
not, he vetoes the bill. If he signs it, it then becomes the duty 
of the Supreme Court, the first time it is asked to enforce it, 
to decide whether or not Congress was vested with power to 
enact it, and if it thinks not, the law becomes at once void 
and of no effect. 

But unless a law is in conflict with the Constitution the 
Supreme Court will not declare it void, however improper 
and unnecessary the judges may consider it. The remedv 
then is with the people, who at the next elections may elect 
other Congressmen who will repeal it ; but if they cannot elect 
a Congress that will do that, it is their duty to submit to it. 

181. Republican Form of Government. — The Consti- 
tution says that "the United States shall guarantee to every 
State in this Union a republican form of government." Ours 
is a republic. Not only is the Union a republic, but each 
State is a republic, and the Constitution guarantees that each 



l86 CIVIL GOVERNMENT OF THE UNITED STATES. 

State shall remain a republic. And Congress usually does 
this when a State is admitted to the Union. Unless the Con- 
stitution which the State has framed for itself provides for a 
"republican form of government" the State will not be ad- 
mitted, but will be continued as a Territory, and governed by 
such ''rules and regulations" as Congress may deem ''needful." 
For instance, suppose the State when it applies for admis- 
sion has in its new constitution made no provision for trial 
by jury, or has declared that its chief officer shall be a king 
who shall have absolute power to nullify all State laws which 
do not please him ; then Congress would deny admission to 
the State, and continue its territorial government, until a 
constitution was framed by the people of the Territory which 
provides for them a republican form of government. 

This clause does not guarantee a republican form of 
government for the Territories. In fact, we have already 
seen that "the Congress shall have power to make all needful 
rules and regulations respecting the territory of the United 
.States." The Constitution nowhere say that Congress shall 
guarantee a republican form of government for the Terri- 
tories. On the other hand, the President has always ap- 
pointed their governors, and when those territories were first 
created the laws provided for them were made, not by the 
representatives chosen by the people, but by a few commis- 
sioners appointed by the President, and the laws drafted by 
them were approved or revised by Congress. But it has 
always been the policy of the Government to make the gov- 
ernment of a Territory as nearly republican in form as pos- 
sible and to turn over to the people therein the making of 
their own laws as soon as society therein became orderly and 
American. 



MISCELLANEOUS PROVLSIONS. 187 

182. Invasion. — "The United States shall protect" each 
State "against invasion." If Mexico were to send an armed 
force into Texas, it would be the duty of the President, with 
out waiting for a request from the Governor of that State or 
from her Legislature, to send a part of the standing army 
there to drive out the invaders. If the entire army w^ere not 
sufticient, his duty would be first to call upon the militia oi 
the various States to aid the army, and next on Congress to 
supply him with an army of volunteers. And if one State 
were invaded by another the President's duty would be the 
same. In all cases of "invasion" of a State by an outside 
force, it is the duty of the President to take the first step in 
protecting the State against it. 

183. Domestic Violence. — But that is not true in case 
of violence or disorders among the people within a State. 
The Constitution says that "the United States shall, on ap- 
plication of the legislature, or of the executive (when the 
legislature cannot be convened), protect each State against 
domestic violence." The duty is imposed on each State to 
maintain order among its own people. The President cannot 
interfere to put down an uprising among the people of a 
State against the State's authority, until the Legislature of 
the State or its Governor requests his aid, and that aid should 
not be requested until it is apparent that the State is not alone 
able to restore order. If the uprising is against the authority 
of the United States government or some of its officers, the 
President may interfere, although the violence is entirely 
within a State ; but in that case, the violence is not "domestic ;" 
that is, it is not against State authority, but against National 
authority. The Constitution means that the United States 
government is responsible for maintaining its authority, and 



loo CIVIL GOVERNMENT OF THE UNITED STATES. 

the State for maintaining its — with the right in each to call on 
the other for aid whenever it is needed. 

184. The Supreme Law. — As a final section on the 
Civil Goverment of the United States, this clause from the 
Constitution is appropriate : "This Constitution, and the laws 
of the United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made, under the au- 
thority of the United States, shall be the supreme law of the 
land; and the judges of every State shall be bound thereby, 
anything in the constitution or laws of any State to the con- 
trary notwithstanding." 

The State is bound to yield to the paramount authority 
of the Union. It must not only yield to the superior au- 
thority of the Constitution, but it must yield to all constitu- 
tional laws passed by Congress. It must also yield to all 
constitutional treaties made by the President and ratified by 
the Senate. The State has no choice in the matter ; it must 
yield obedience to that superior authority whether it wants to 
or not. There is nothing humiliating to the States in that ; 
they agreed to do that when they ratified the Constitution ; 
and by keeping that agreement, each State is a joint partner 
in the best government in the world. 
Questions on Chapter XVIII. 

1. How may a new State be formed? (174) 

2. How did the original thirteen States become a part of the 
Union? (174) 

3. What was the first State admitted? (174) 

4. How many have since been admitted? (174) 

5. How was Kentucky admitted? (174) 

6. How was West Virginia admitted? (174) 

7. What does the Constitution say respecting territory? (175) 

8. How has the Government disposed of the public lands? 
(175) 



MISCELLANEOUS PROVISIONS. 189 

9. What does the Government issue to each purchaser? (175) 

10. What is a patent? (175) 

11. When a State is admitted to the Union what is done with 
its unpatented lands? (175) 

12. Why were the lands in Texas not claimed by the United 
States? (175) 

13. How were homestead lands disposed of? (175) 

14. What are military bounty lands? (175) 

15. Who provided the first government of a territory? (176) 

16. Under what authority? (176) 

17. Describe the steps in Territorial government. (176) 

18. How did it provide for admitting a Territory into the 
Union as a State? (176) 

19. What officers must take an oath? (177) 

20. What is the President's oath? (177) 

21. What pledge must the oath of every officer contain? (177) 

22. Who miay affirm instead of swear? (177) 

22). What is said about a religious test for office? (177) 

24. What about taking private property for public use? (178) 

25. WHiat is said about treason? (179) 

26. What other laws may Congress make? (180) 

zy. Can it pass a law to enforce a power not given to the 
Union? (180) 

28. What clause of the Constitution prohibits it from doing 
that? (180) 

29. When w^ill the Supreme Court declare a law void? (180) 

30. What remedy have the people then? (180) 

31. What must the Union guarantee each State? (181) 
T)2. How does Congress usually do that? (181) 

T,2)- Does this clause guarantee republican government for tlie 
Territories? (181) 

34. How is each State protected against invasion? (182) 

35. Who takes the initiative in case of domestic violence? (183) 

36. When may the President aid in putting down an uprising 
against State authority? (183) 

T^y. Suppose the uprising were against National authority? 

(183) 

38. What is the supreme law of the land? (184) 

39. Must a State yield to the authority of the Union? (184) 

40. Is there anything humiliating in that? (184) 



CIVIL GOVERNMENT 

OF THE 

STATE OF MISSOURI 



CHAPTER I. 



THE RISE OF THE STATE GOVERNMENT. 

185. Origin. — The government of Missouri did not 
originate in charters from the king of England, as did those 
of the colonies. Nor did it begin with small counties, which 
were afterwards enlarged and developed into a great State. 
On the contrary, it had its beginning in laws of Congress. 
Congress at the outset gave the people no voice in the kind 
of government they should have, nor did it permit them to 
choose representatives to make laws for them, or officers to 
enforce those laws. But as they became more numerous, and 
better acquainted with the meaning of self-government, it 
granted to them the right to choose representatives to make 
their laws, and after a few years it authorized them to form 
a State government and admitted the State into the Union 
as a full partner in the republic, but it took care from the 
very first to see to it that the government that should finally 
be adopted by the people should be republican in form. 

(190) 



THE RISE OE THE STATE GOVERNMENT. I9I 

186. The Transfer to the United States.— By treaty 
made in Paris on April 30, 1803, France ceded to the United 
States the country then known as Louisiana, which embraced 
all that part of our country lying between the Mississippi 
river and the Rocky Mountains except a part of Texas. Of 
course, what is now called Missouri was included in the 
cession. By the terms of the treaty "the inhabitants of the 
ceded territory" were to be "incorporated in the Union of 
the United States, and admitted as soon as possible, accord- 
ing to the principles of the Federal Constitution, to the en- 
joyment of all the rights, advantages and immunities of 
citizens of the United States ; and in the meantime they" were 
to be "maintained and protected in the free enjoyment of their 
liberty, property and the religion which they profess." This 
was their only charter of political rights. But upon the terms 
of this treaty they insisted during all the territorial days, 
and when the great national struggle arose over the Missouri 
Compromise, they still insisted that whatever privileges were 
enjoyed by the other States of right belonged to them. We 
shall see that for the most part Congress strictly adhered to 
the agreements of this treaty, and kept true faith with the in- 
habitants of the Louisiana territory. 

On October 21st President Jefferson proclaimed the 
treaty ratified, and on October 31st Congress authorized him 
"to take possession of the territory and maintain the authority 
of the United States" therein. The existing government at 
that time was Spanish, and had been for many years, but the 
people were nearly all French. They had not been used to a 
republic. Neither they nor their ancestors had been trained in 
the principles of republican government. Of course, then, 
they were not prepared to maintain republican government in 



192 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

an orderly way. It was necessary to give them time to study 
the Constitution and the workings of the State governments 
along the Atlantic coast, and to learn the principles, the privi- 
leges and the responsibilities of self-government. But the 
Congress was careful, in providing a government for them, 
to see to it that no injustice was done, that no cruel or tyranni- 
cal hand was laid upon them. The act directing the Presi- 
dent to take possession of the territory required him to "main- 
tain and protect the inhabitants of Louisiana in the free 
enjoyment of their liberty, property and religion." 

187. The Successive Territorial Steps. — On March 10, 
1804, the President, through Captain Amos Stoddard, of the 
United States army, took formal possession of upper Louis- 
iana, at St. Louis, and on March 26th, Congress divided 
Louisiana into two territories, and named that part of it 
which lies north of the 33rd degree of latitude (the northern 
boundary of the present State of Louisiana) the "District of 
Louisiana," and over that district extended "the executive 
power" then vested in the Governor of the Territory of In- 
diana, and provided that he and the three United States 
judges of Indiana should establish inferior courts in that dis- 
trict and "make all laws for the government of the inhabi- 
tants thereof." At that time William Henry Harrison was 
Governor of Indiana, and the few laws made by him and these 
three judges went into effect on October i, 1804. They were 
plain laws, easily understood, and provided for trial by jury, 
and were in other respects much like the laws of the States 
along the Atlantic coast. 

But the Governor of Indiana did not long exercise au- 
thority here; in fact, the arrangement by which the District 
of Louisiana was, for governmental purposes, attached to 



THE RISE OF rUlC STATE GOVERN iSIENT. 1()^5 

Indiana Territory, lasted less than a year. In March, 1805, 
Congress directed that "all that part of the country" which 
it had theretofore "called the District of Louisiana," should 
henceforth be known as the "Territory of Louisiana," and pro- 
vided for a governor to "reside in the territory/' and a sec- 
retary, and three district judges, all to be appointed by the 
President. The governor and the three judges were to "make 
laws for the government of the inhabitants," but these were 
to be laid before Congress, and if disapproved by it they were 
to be of no efifect. 

This was the plan until June 4, 181 2, when Congress de- 
clared that ''the territory heretofore called Louisiana shall 
hereafter be called Missouri," and that "the legislative power 
of the territory shall be vested in a General Assembly" to be 
composed of two houses^ a Legislative Council and a Llouse 
of Representatives. There was to be one Representative for 
"ever}' five hundred free white male inhabitants" to be elected 
by the people. The first assembly was to meet in St. Louis, 
and to have thirteen Representatives, but this number was to 
be increased as population increased until the whole number 
reached 25, and thereafter there could be no larger number. 
The Governor was to lay ofif "the territory into convenient 
counties," and designate a place in each where the people 
could vote, and appoint officers for conducting the first elec- 
tion, but thereafter all elections were to be regulated by the 
General Assembly. A Representative was required to be a 
land owner, twenty-one years old, and a "white male resident 
of the territory for at least one year." 

The Legislative Council was composed of nine members, 
and were chosen in an unusual way. The Representatives 

13 



194 CIVIL GOVERNMENT OF THE STATE OF MISSOURL 

nominated eighteen "residents of the Territory, each possess- 
ing two hundred acres of land in his own right," and from 
this Hst the President selected nine who had to be approved by 
the Senate, and if the Senate rejected any name the President 
had to choose another from among the eighteen names on the 
list. The nine men thus chosen constituted the Legislative 
Council, and held office for five years. 

But all "free white male citizens" of the Territory \fho 
were such at the time Louisiana was ceded to the Union were 
made eligible to hold any office, and given the right to vote. 
Hence, the French citizens (although not so designated) were 
given a preference over later English-speaking settlers, since 
they were not required to be land-owners in order to be eligible 
to office. 

The law of 1812 also gave Missouri Territory a delegate 
in Congress, and provided for territorial courts of every grade, 
and vested in the Governor the power to appoint all judges 
thereof, and all other officers of the Territory. 

This was the territorial government provided by Con- 
srress for Missouri during: the territorial davs. On March 
6, 1820, Congress provided a plan under which "the inhabi- 
tants" of that portion of "Missouri Territory" included within 
the present boundaries of the State except the Platte Pur- 
chase, were authorized to "form a constitution and State gov- 
ernment." This constitution was framed in 1820, and on 
August 10, 1 82 1, Missouri, with the same boundaries it now 
has excepting the Platte Purchase, w^as admitted into the 
LTnion. The Constitution of 1820 remained in force until 
1865 when it was supplanted by another, and that by another 
in 1875, ^'^^^^ t^"^^ o"^ o^ 1875, with certain subsequent amend- 
ments, is now the fundamental law of the State government. 



THE RISE OF THE STATE GOVERNMENT. 195 

Questions on Chapter I. 

1. How did the government of Missouri originate? (185^ 

2. To whom did Missouri formerly belong? (186) 

3- How was it acquired? (186) 

4- What great provision was in the treaty? (186) 

5. Was Congress under obligation to faithfully carry out 
that provision? (186) 

6. Who was authorized to take possession of the territory? 

7. Who authorized him to do it? (186) 

8. Why could not the people be permitted to form a govern- 
ment for themselves? (186) 

9. What was the President directed to do in taking posses- 
sion? (186) 

10. What was the first arrangement? (187) 

Who made the laws for the territory? (187) 
Was Congress authorized by the United States Constitu- 
tion to direct laws to be made in that way? (176) 
What name was first given the northern part of the terri- 
tory? What name was next given? And what was the 
third name? (187) 

Who made laws for the territory of Missouri? (187) 
How many Representatives, how and by whom elected, 
and qualifications? (187) 

How many Councillors, how and by whom elected, and 
qualifications? (187) 
17- Who could vote? (187) 

18. What other officers did the law of 1812 give Missouri 
territory, and how were they selected? (187) 

19. What is said about the organization of Missouri as a 
State and its admission to the Union? (187). 



CHAPTER II. 

THE MISSOURI CONSTITUTION. 

188. The Constitution. — The Constitution of Aiissouri 
is the fundamental law of the State government, just as we 
have seen the Constitution of the United States to be the 
fundamental law of the whole Union. The Constitution of a 
State may contain any provision that its people may wish to 
put into it, with one exception, and that is, it must not con- 
tain anything in conflict with the Constitution of the United 
States. That means, it must provide for a republican form 
of government for the people of the State, and it must not 
authorize the Legislature or other State officers to exercise 
any power which we have seen the Federal Constitution de- 
nied to the States or provided that Congress alone should 
exercise. 

189. How Framed and Adopted. — The Constitution of 
the United States was ratified by conventions in the dififerent 
States, composed of delegates chosen for that purpose by the 
people ; the present Constitution of INIissouri was framed by 
a convention of delegates chosen by the people for that ex- 
press purpose, and then submitted to the people at the polls, 
who adopted it on October 30, 1875. It took efifect, accord- 
ing to its terms, on November 30th of the same year. 

190. Why Not Discussed at Length. — The Constitu- 
tion of Missouri is a lengthy document. It consists of fifteen 
articles and a schedule, and a full discussion of the whole of 

(196) 



THE MISSOURI CONSTITUTION. I97 

it would require a large volume. To set it out in full would 
take seventy or eiodity pages of this book. Nor is that neces- 
sary. So much of it as should be known by the average 
student wall be explained. 

191. Bill of Rights. — Thirty-two sections of the Con- 
stitution, or all of Article II, are given up to a clear declara- 
tion of the rights of a citizen, the rights of the State and the 
rights of the Union. This article is called the "Bill of Rights." 
It declares, among other things, that ''all political power is 
vested in the people ;" that "the people of this State have the 
inherent, sole and exclusive right to regulate the internal 
government thereof;" that "Missouri is a free and independent 
vState, subject only to the Constitution of the United States ;" 
that "the people of this State will never assent to any amend- 
ment or change of the Constitution of the United States 
which may in anywise impair the right of local self-govern- 
ment belonging to the people of this State ;" that "all elections 
shall be free and open, and no power, civil or military, shall 
at any time interfere to prevent the free exercise of the right 
of suffrage ;" that "all persons have a natural right to life, 
liberty, and the enjoyment of the gains of their own industry ;" 
and "that to give security to these things is the principal of- 
fice of government." Every State has a similar bill of rights. 
They all set forth the rights of the people, and the purposes 
for which government among them is established. 

192. How Amended. — The Constitution prescribes tw^o 
ways by which it can be amended. The first is for the Legis- 
lature to propose an amendment to a certain section to be sub- 
mitted to the voters at the next general election, and if a 
majority of those voting on the proposition vote for it it 



190 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

becomes a part of the Constitution. This is a very easy way ; 
in fact, too easy. It does not require a majority of all the 
voters voting at the election to vote for the amendment ; it 
simply requires that there be more votes "yes" than "no." 
The amendment is printed on all the election ballots, and 
those who desire its adoption simply scratch out the word 
"no," and all ballots scratched in that way are counted for 
the amendment. But if the voter does not scratch out either 
the word "yes" or ''no," the ballot is not counted either for 
or against the amendment. A majority of the voters who go 
to the polls and vote for candidates for office do not vote 
either yes or no ; it is usually only those voters who wish the 
amendment adopted, or whose attention has been called to it 
and who have thereby been aroused to oppose it, that vote 
on the proposition at all. So that it comes about that no 
amendment ever receives a majority of all the votes cast at 
the election. The result is that in recent years several amend- 
ments have been adopted which vv^ould not have been had all 
the voters taken the pains to vote ''on the proposition." The 
second mode is much more difficult. It consists of four steps : 
(i) The Legislature authorizes a vote of the people on the 
calling of a convention to revise or amend the Constitution. 
If a majority of the persons voting on the proposition vote for 
such convention, then the Governor fixes an election day when 
(2) delegates may be chosen thereto, and these delegates 
when they meet in convention (3) may revise the Constitu- 
tion to any extent they please, and then (4) the Constitution 
as thus revised and amended is to be submitted to a vote of 
the people at an election held for that purpose and they must 
adopt or reject it as a whole, by a majority of the votes cast. 
Thus before a general change in the Constitution can be 



THE MISSOURI CONSTITUTION. 1 99 

secured the proposition must come before the people at three 
separate elections. This is right. The fundamental law of a 
people should not be changed unless there is a clear necessity 
for it. 

193. The Three Departments. — The Constitution 
divided "the powers of government" into three departments 
similar to the three departments of the government of the 
United States. There is an executive, a legislative and a 
judicial department, and each is distinct and separate from 
the others, "and no person, or collection of persons charged 
with the exercise of powers properly belonging to one of 
these departments, shall exercise any power properly belong- 
ing to the others." The Governor cannot, for instance, call a 
grand jury or direct what decision a court shall render, for 
that is a judicial matter. The Supreme Court cannot compel 
the Legislature toi pass a law, or restrain it from passing one, 
for that is a legislative matter. The Legislature cannot 
shackle the courts so as to -compel them to render a certain 
decision. The duties of each department are laid out in the 
Constitution, and g'overnment is stronger and better when 
each confines itself to its own work. 

194. Executive Department. — The chief executive of- 
ficers of Missouri are a Governor, in his absence a Lieu- 
tenant-Governor, Secretary of State, State Auditor, State 
Treasurer, Attorney-General and Superintendent of Public 
Schools. These are all provided for by the Constitution, and 
hence the Legislature has no power to abolish their offices. 
They are all elected by the people. There are other State 
executive officers, such as Railroad Commissioners, Superin- 
tendent of Insurance, Labor Commissioner and Adjutant- 



200 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

General, but they are not mentioned in the Constitution, but 
have been provided for by the General Assembly. There are 
other executive ofificers provided for by law for counties, 
cities, schools and the various institutions belonging to the 
State. These will be discussed elsewhere. 

195. Legislative Department. — The law-making body 
is the General Assembly, composed of two houses, a Senate 
and a House of Representatives. In each city there is a minor 
legislative body called a municipal assembly, council, or board 
of aldermen, and these will be discussed under the heading 
of Cities, Towns and Villages. 

196. Judicial Department. — The judiciary of the State 
consists of one Supreme Court, whose sessions are held at 
Jefferson City; the St. Louis Court of Appeals and the Kan- 
sas City Court of Appeals, which are appellate courts in mis- 
demeanor cases and in civil suits involving less than $4,500; 
the circuit courts, each of which has jurisdiction over one or 
more counties, and are the great trial courts 'of the State ; pro- 
bate courts, for the settlement of the estates of deceased 
persons and the care of the persons and the management of 
the estates of minors ; and justices of the peace for each town- 
ship. There are also in certain parts of the State, courts of 
common pleas and criminal courts. 

Questions on Chapter II, 

1. Wliat is the fundamental law of the State and how far is 
it snch? (188) 

2. What must it provide? (188) 

3. Can the State exercise any power denied it by United States 
Constitution? (188) 

4. How was the Missouri Constitution framed and adopted? 
(189) 



THE MISSOURI CONSTITUTION. 201 

5. Why is it not discussed at length? (190) 

6. Mention some declarations of the Bill of Rights. (191) 

7. What is the first way in which the Constitution may be 
amended? (192) 

8. To be adopted must the proposed amendment receive a 
majority of all the votes on the proposition? (192) 

9. Who usually vote on the proposition? (192) 

10. What have you to say of those who do not vote on it at all? 

11. What is the other method by which the Constitution may 
be amended? (192) 

12. What three departments of government? (193) 

13. Explain how they are separate and distinct. (193) 

14. Who are the chief executive officers? (194) 

15. Are there any others? (194) 

16. What is the law-making body? (195) 

17. Are there any minor legislative bodies? (i95) 

18. Of what courts does the judiciary of the State consist? 
(196) 



CHAPTER III. 

THE GENERAL ASSEMBLY. 

197. Composed of Two Houses. — The General Assem- 
1:)]y of the State of Missouri is tisually spoken of as the Leg- 
islattire, but it is not so designated in the Constitution, nor in 
the statutes. It is composed of two housed, the Serrate and 
House of Representatives. And here again, as with the Con- 
gress, the Senate is sometimes referred to as the Upper House, 
and the House of Representatives as the Lower House. But 
those designations have no real significance, and are not justi- 
fied by any law, or by any other fact, unless it be that the 
office of Senator is considered somewhat more honorable and 
powerful than that of Representative. The use of these 



202 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

terms reminds one of the old colonial days along the Atlantic 
coast, when the Governor's council was styled the Upper 
House, and the people's representatives or the assembly were 
spoken of as the Lower House. That use is now chiefly of 
interest ^as an historical illustration of the fact that a law or 
custom may survive in the minds of the people long after it 
has in fact been abolished. 

198. The House of Representatives is the most numer 
ous branch of the General Assembly. Its members are chosen 
at the general elections in November of each even-numbered 
year for a term of two years beginning the following Janu- 
ary. Each county is entitled to one Representative, and the 
larger counties to more than one. The method of apportion- 
ment, which is made once in ten years, is a peculiar one. 
First, a ratio is obtained by dividing the whole number of 
inhabitants in the State by 200. Then each county that has 
two and one-half times said ratio is entitled to two Repre- 
sentatives ; each county having four times said ratio is en- 
titled to three ; each county having six times said ratio is en- 
titled to four, and so on above that number, there being one 
additional Representative for every two and one-half ratios. 
This ratio at the present time is about 15,533, so that a county 
must have about 38,832 inhabitants before it can have two 
Representatives, about 62,132 before it can have three, about 
93,198 before it can have four, and for every 38,832 inhabi- 
tants above that number it can have one more Representative. 
This rule of apportionment will, for many years at least, give 
the rural communities a majority of Representatives in the 
General Assembly. More than half the population of the 
State might be in two or three large cities, yet a majority of 
the Representatives would still come from that part of the 



THE GENERAL ASSEMBLY. 203 

Stale outside of such cities, because each county, however few 
its inhabitants, must have at least one Representative. Rep- 
resentation in the House is largely representation by coun- 
ties, though partly in proportion to population. In New Eng- 
land, where towns take the place of counties, representation 
in the House is even more emphatically representation by 
towns, though partly in proportion to population. We will see 
in the next section that representation in the Senate is accord- 
ing to population. 

When a county is entitled to more than one Representa- 
tive the county court divides it into districts, of about the 
same number of inhabitants, and one Representative is elected 
from each district. A Representative's term of office is two 
years, and he is, of course, elected by the people. 

199. The Senate. — The Senate is composed of thirty- 
four Senators, elected by the people of their respective dis- 
tricts, each for a term of four years. At the first session of 
the Legislature after the taking of the decennial census, the 
State is divided in thirty-four districts "as nearly equal in 
population as may be" without dividing any county. These 
districts are numbered from i to 34, and on Presidential 
years one Senator is elected from each of those having odd 
numbers, and two years later one from each of those having 
even numbers. A county cannot be partly in one district and 
party in another, but it may have more than one Senator if 
it has the requisite number of inhabitants. Thus, Jackson 
county composes the 5th and 7th districts, and the Senators 
therefrom are elected on Presidential years. The advantage of 
the rule requiring one-half the Senators to be elected every 
two years, is that at the opening of each session one-half of the 
Senators are experienced members. 



204 



CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 



^ATCHISON', I 9,632 
16,5ui I NODAWArl r~^ 

iGEWr 

20,554 



HOLT 




16,167 I 26. 3:1 /A'^T'liiM'l 



|mi-4-|-i»ih| 




! 23.636 1, ^'-°" 4m 

BCNTON 
I BATES-' 



B.- 
PETTIS 



COOPER 

2?,5t? 

MONITEAUj 

MOReA«_ 



OFFICIAL. 

SAM, D. COOK. 

Sec'y of State. 

29 
k50 




Senatorial Map. — In order that a clearer understanding may be had 
of the division of the State into Senatorial districts, a map is hereto sub- 
joined showing the districts by number as made in 1901, and showing also 
the population of each county. These districts remain the same' until 1011. 



THE GENERAL ASSEM]3LY. 205 

200. Presiding Officers. — The prcsidino- officer of the 
House is the Speaker, who is chosen by the Representatives 
from among themselves. To preside in his abence there is a 
Speaker pro tempore, chosen in the same way. The presid- 
ing officer of the Senate is the Lieutenant-Governor, who is 
made such by the Constitution. To preside in his absence the 
Senators choose from their own number a President of the 
Senate pro tempore. The Speaker may be removed from his 
position by a majority of the Representatives at any time ; 
the Lieutenant-Governor can be removed as presiding officer 
of the Senate only by being removed from his oft'ice as Lieu- 
tenant-Governor, that is, by impeachment. 

The Speaker and Lieutenant-Governor usually appoint 
the committees of the respective houses. They are not given 
that right by the Constitution or the statutes, but it is a 
privilege usually accorded to them. But a majority of either 
house can at any time order its committees to be appointed in 
some other way. 

201. Qualifications. — A Senator must be thirty, and a 
Representative twenty-four, years of age. A Senator must 
have been a qualified voter of this State for three years prior 
to his election, and a Representative a qualified voter for two 
years, and both must be male citizens of the L^nited States ; 
that is, either born in the United States or naturalized. A 
Senator must have resided in his district for one year before 
his election, and a Representative in his county or district for 
the same length of time ; and each must have paid a State and 
county tax within the year preceding his election. 

202. Compensation. — The pay of a Senator or Repre- 
sentative is five dollars a day for the first seventy days of an 
ordinary session, and one dollar per day for the remainder 



206 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

of such session. For revising sessions they are paid five 
dollars per day for one hundred and twenty days, and one 
dollar a day thereafter. In addition to this, each member of 
either house is allowed necessary traveling expenses from 
his home to the capital and for the return, and thirty dollars 
for postage and other like expenses. 

203. Holding Other Offices. — No Senator or Repre- 
sentative shall "during the term for which he shall- have been 
elected be appointed to any office under this State or any 
municipality thereof." This is one of the wholesome pro- 
visions of the Constitution. It w^as designed to prohibit 
legislators from creating new offices for themselves, and from 
increasing the salaries of some county or city office wdiich 
they might hold, and also to leave them free to legislate as 
the public interest might require. All temptation of that kind 
is removed from the legislator by this provision. The Legis- 
lature may create a new office, and the legislator may resign 
his seat and be elected to it. But he cannot be appointed to it 
at any time during the time for which he was elected ; that is, 
during two years if a Representative, or four years if a Sena- 
tor. Even if he were to resign he could not be appointed to 
any other office under the laws of this State until the term 
for which he was elected had expired. He may resign and be 
elected by the people to any such other office, but he cannot 
be appointed. In this way the people have a chance to de- 
termine whether or not he used his position as legislator for 
his own benefit in creating a new office or in increasing the 
salary of one already created. Of course, he may resign and 
be appointed or elected to any United States office, but by 
resigning he does not become eligible to be appointed to any 
State, county or city oft"ice, either by the Gov^ernor, or by any 



THE GENERAL ASSEMBLY. 20/ 

board or by any court or by any mayor. Nor can a member 
of Congress, or any person holding any lucrative office of 
tlie United States or in this State become a member of the 
General Assembly. The meaning of these provisions in the 
Constitution is that members of the Legislature are not in 
any wise to become entangled with the duties of any office 
which might interfere with their duties as legislators. 

204. Oath of Office. — Every officer in this State, from 
the highest to the lowest, is required to take an oath of office. 
That prescribed by the Constitution for the members of the 
Legislature is in these w^ords : 'T do solemnly swear (or 
aft'irm) that I will support the Constitution of the United 
States and of the State of Missouri, and faithfully perform 
the duties of my office ; and that I will not knowingly receive, 
directly or indirectly, any money or other valuable thing, for 
the performance or non-performance of any act or duty per- 
taining to my office, other than the compensation allowed by 
law." If any person elected to the office of Senator or Rep- 
resentative refuse to take this oath, he thereby vacates the 
office. The oath for other offices varies slightly from this, 
the variation having regard to the duties to be performed by 
the officers. 

205. Sessions. — The General Assembly meets in regu- 
lar session in the Capitol on the first Wednesday after the 
first day of January of each odd-numbered year, and fixes its 
own time for final adjournment. An extra session may be 
called Ijy the Governor at any time, but such session can 
consider only the subjects mentioned in the Governor's call or 
in special messages sent in by him after it convenes. The 
last regular session of each decade is called a revising session. 
It mav last at least 120 days. 



208 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

206. Powers of Each House. — Each lioiise has llie 
rig-ht to appoint its own officers, and to determine the right 
of any member to his seat, and to make rules for governing 
its proceedings. It may punish any disorderly member, and 
with the concurrence of tw'o-thirds of all the members may 
expel a member ; but no member who has once been expelled 
and has again been elected by the people can be again expelled 
for the same cause. 

207. A Law, How Passed. — A bill to become a law 
must receive the vote of a majority of the members elected 
to each house and be signed by the Governor ; or, if vetoed by 
the Governor, that is, returned to the house in which it orig- 
inated without his signature and with his objections, it must 
then receive the votes of two-thirds of the members of eacli 
house. If the Governor does not, within ten days, approve or 
disapprove a bill, nor return it to the house in which it 
originated, it may, by a resolution passed by both houses re- 
citing such fact, become a law anyhow. If the General As- 
sembly has adjourned within ten, days after a bill is presented 
to the Governor, he may, within thirty days, return it to the 
Secretary of State with his approval or veto; and if approved 
by him within that time it becomes a law ; if vetoed, it does 
not become a law. 

208. Committees and Rules. — The rules adopted by 
each house provide for the appointment of numerous com- 
mittees. To one of these committees a bill when introduced 
in' either house is referred, and that committee will report it 
back to the house with a recommendation that "it do pass," 
or that ''it do not pass," or that "it pass with certain amend- 
ments" proposed by the committee, or that a substitute framed 



THE GENERAL ASSEMBLY. 209 

by the committee be passed in its stead. Then the bill is again 
in the house, and when it is called up there other amendments 
to the original bill or to the amended bill or to the proposed 
substitute may be made by the whole house. The next step 
is to pass the original bill or the amended bill or the substi- 
tute to engrossment. If it is not ordered engrossed .that is 
the end of it ; but if it is passed to engrossment it is printed, 
and its number placed on the calendar of bills ready for final 
passage, and in due course that number is reached on the 
call of the calendar, and the bill as engrossed put on its final 
passage, and then it must receive a majority of all the mem- 
bers of the house or fail of passage. 

If it receives such a majority, it is sent to the other 
house, and there it is referred to the proper committee, which 
reports it back to that house with a recommendation that "it 
do pass" or that "it do not pass," or that "it pass with certain 
amendments" proposed by the committee, or that a substitute 
framed by the committee be passed in its stead. Then it is 
back in that house, and when it is called up there other amend- 
ments to the bill as it was received from the other house or 
to the committee's proposed substitute may be made or an 
entirely new substitute may be adopted. The next step is to 
pass the bill thus adopted to engrossment ; if that is done, it 
is printed, and placed on the calendar of bills ready for final 
passage, and when it is reached on the calendar it is put on 
its final passage, and if a majority of all the members of that 
house, vote for it, it is declared passed. If it has not been 
amended in any wise since it reached that house, it then goes 
to the Governor for his approval or veto. 

If it has been amended in that house, it must then return 

14 



210 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

to the house from which it came, and if that house concur in 
the amendments, it goes to the Governor ; if that house does 
not concur in the amendments, it can indefinitely postpone 
any further consideration of the bill, or ask for a committee 
of conference to meet a like committee from the other house. 
These committees when they get together and agree on the 
points in dispute, make the same report to their respective 
houses, and then if their recommendations are adopted by 
both houses the bill with their recommendations is declared 
passed and goes to the Governor as before. But if those con- 
ference committees cannot agree, they so report to their re- 
spective houses ; then the house refusing to concur in the 
amendments made by the other must recede from that action 
or the bill fails. 

Every bill must be read on three different days in each 
house. It is read the first time (by its title only) on the day 
it is referred to a committee. It is read the second time when 
it comes up for engrossment, and the third time when it is 
put upon its final passage. Each of these actions must be 
taken on different days. So the shortest time in which a bill 
can be passed through both houses is six days. Few bills 
ever have such an expeditious movement through the Legisla- 
ture as that. 

209. Journals and Yeas and Nays. — On the final pass- 
age of a bill the roll of members is called and the vote is taken 
by yeas and nays, and the names of members voting for and 
against the bill are entered on the journal, and unless a ma- 
jority of all the members of the house vote yea the bill is 
declared lost. That journal is published in book-form after 
adjournment, in order that the people may definitely know- 
how each member voted. It takes only a majority of those 



THE GENERAL ASSEMBLY. 211 

voting on the proposition to pass a bill to engrossment, not a 
majority of all members, and consequently the yeas and nays 
are rarely taken on the proposition to pass a bill to engross- 
ment, but on the demand of any two members a yea-and-nay 
vote may be taken on any question, 

210. Appropriation Bills. — The Constitution of the 
United States provides that "all bills for raising revenue shall 
originate in the House of Representatives," and that has 
uniformly been held to mean that bills for the appropriation 
of public moneys shall originate in the House too. But the 
Missouri Constitution contains no such provision. It pro- 
vides that "bills may originate in either house," and that 
means that bills for levying taxes and for the appropriation of 
public moneys may originate in the Senate as well as the 
House. But in practice it has become the rule in the General 
Assembly for appropriation bills to originate in the House, 
but the Senate has the power to amend any such bill, just as 
it may any other bill. 

211. Order of Appropriations. — But the Constitution 
fixes the order in which the Legislature must make appropria- 
tions. It must first provide for the payment of the interest 
due the Seminary Fund and the Public School Fund, then for 
the support of the public schools, then for the cost of collect- 
ing the revenue, then for the salaries of State officers, judges, 
etc., then for the support of the various asylums, and last of 
all for the pay of its own members and for other necessary 
purposes. Thus, the Legislature is compelled to provide for 
the support of the other branches of the government before 
its members can have their own small salaries and the com- 
pensation of its clerks paid, and in this way they are forced 



212 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

to see to it that the appropriations do not outrun the revenues 
that will be received into the Treasury during the next two 
years. 

212. Money, How Paid Out. — No money can be paid 
out by the State Treasurer or by the Governor or by any one 
else except in pursuance to appropriation bills passed by the 
Legislature. The General Assembly must first determine how 
the public moneys are to be spent. That it does through ap- 
propriation bills, and the money can be spent in no other way 
except as in the appropriation bills provided. 

213. Power of the Governor Over Appropriations. — 

But even then an appropriation bill is not final, for the Gov- 
ernor can strike from any appropriation bill containing sev- 
eral items any item he may object to. He must approve or 
reject all other bills as a whole ; but to an appropriation bill 
containing several items he may append a statement of the 
items to which he objects, and then that part of the bill fails. 
He cannot cut down the item ; he cannot increase it ; he must 
object to the whole item, or to none of it. Thus, a bill pro- 
viding for the support of the State Normal schools and the 
University, will contain five items, one for each of the four 
Normals and one for the University. The appropriation for 
the Normals may, in his opinion, be about right, but he may 
consider that for the University too large by one-half. But 
he cannot reduce that item by one-half ; he must object to it 
as a whole, or not at all. If he objects to it he transmits his 
objection to the Legislature, if it is in session, and it can 
recast the item as it sees fit, but if it is not in session, the 
whole item fails. 

This provision of the Missouri Constitution which gives 



THE GENKRAL ASSEMBLY. 213 

the Governor the right to object to any item of an appropria- 
tion bill containing several items is very different from the 
provisions of the Constitution of the United States. The 
President has no such power as that. He must approve any 
appropriation bill as a whole, or veto it as a whole. From 
no bill passed by Congress can he strike out an item ; what- 
ever its character, he must approve it as a whole or veto it as 
a whole. 

214. Creating Debts. — The Constitution imposes rigid 
restrictions on the power of the State to contract debts. In 
only two instances can a State debt be now created, (i) Ori 
the occurring of an unforeseen emergency, or a casual defi- 
ciency in the State revenue, upon the recommendation of the 
Governor, the Legislature can contract a debt, by bonds or 
otherwise, not in excess of $250,000 for any one year, to be 
paid within two years after it was made. (2) On the occurring 
of an unforeseen emergency or a casual deficiency in the 
revenue, a debt in excess of $250,000 may be created only 
when two-thirds of the voters at an election held for that pur- 
pose authorize the debt to be made, and the levying of a tax 
suft'icient to pay the debt within thirteen years. 

The Capitol might burn, or there might be a violent up- 
rising of lawless persons which could only be put down at 
great and unusual expense. Either of those things would be 
"an unforeseen emergency.' and to rebuild the Capitol or to 
meet the expense of putting down the uprising and restoring 
order, the General Assembly, upon the recommendation of 
the Governor, might authorize debts for any one year to the 
amount of $250,000. But if a debt in excess of that sum is 
needed, either for those purposes or any other, it cannot be 
made until after two-thirds of the voters at an election not 



214 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

only consent that it be created, but authorize a levy of taxes 
to pay it within- thirteen years. 

For no other purpose and in no other way can a State 
debt be now created. At the time the present Constitution was 
adopted, the State had debts, in the form of bonds, made to 
aid the building of railroads and for other purposes, and the 
General Assembly w-as authorized to provide for the issuing 
of other bonds in renewal of those bonds, and that was done. 
But all the State's debt except that due to the Seminary 
Fund and the Public School Fund has now been paid, and by 
an amendment to the Constitution made in 1902 only the inter- 
est due those funds is, for the present, at least, to be paid. 
Hence, a State debt can now be made onh' when an unforeseen 
emergency arises, or there is a casual deficiency in the revenue. 
As a matter of fact, no such debt has been created since the 
adoption of the present Constitution in 1875. 

215. Cash Basis. — The meaning of the various pro- 
visions of the Constitution in reference to appropriations and 
the contracting of debts is that the State's business shall be 
conducted on a cash basis ; that all salaries and all current 
expenses shall be paid as they become due. 

216. Class Legislation. — The present Constitution pro- 
hibits the passage of special or local laws. All laws must 
apply alike to all persons or subjects of the same class. The 
Legislature cannot grant a special charter to one city ; but it 
is required to pass law^s by which all cities of a certain class 
may organize and conduct their governments. Thus, the law^s 
regulating the affairs of cities of the fourth class apply to all 
cities of that class. The laws defining the duties of the county 
clerk define the duties of all countv clerks. The Lefrislature 



THE GENERAL ASSEMBLY. 21 5 

cannot direct who shall he the heirs of a certain named citizen, 
but it can declare that the children or other persons may be 
the heirs of deceased persons. It cannot vacate a certain 
public road, but it can by a general law prescribe the methods 
by which any public road may be vacated. All laws must 
apply alike to all subjects or persons belonging to a natural 
class. 

217. Laws on What Subjects. — The General Assem- 
bly can make laws on a great many subjects; in fact, it can 
enact any law which it is not by the Constitution forbidden 
to pass. 

It could not enact a law abolishing the Supreme Court 
or other courts created by the Constitution, for the courts 
have by the Constitution been made a part of the government 
just as has the General Assembly. Nor could it enact a law 
that abolishes the office of Governor, or other chief executive 
officers, for those officers have also been created by the Con- 
stitution. Nor could it enact a law that authorizes it to ap- 
point judges or county or State officers, for the power to 
appoint officers is not a legislative matter. So the first ques- 
tion that every legislator must ask himself when he comes to 
consider a proposed bill is, Is it forbidden by the Constitution? 
And if the bill passes both houses, the first question the Gov- 
ernor must ask himself when it comes before him for ap- 
proval, is. Is it constitutional? If it is not, in his opinion, he 
must veto it, for the Governor takes the same oath as does the 
Senator or Representative, to "support the Constitution," and 
if he believes a law is forbidden by the Constitution he is 
bound by his oath to veto it. And if he signs the bill, and it 
comes before the Circuit judge or the Supreme judge, the 



2l6 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

lirsl question he iimst ask is. Is it constitutional? ]f it is not, 
the judge, who is hound by liis oath "to support the Consti- 
tution," must refuse to enforce it. The next question the 
legislator or the Governor will ask himself is. Is it wise? Is 
it needed? Rut the judge will not ask that question. It is 
not for the courts to say that a law is wise or needed. That 
belongs to the law-making body, and to the Governor, who 
has a veto power. Rut the courts will enforce a constitutional 
law. however unwise or silly the judge may consider it. 

And so we may say that the General Assembly may enact 
any law it deems wise or needed except such as are forbidden 
by the Constitution. Rut however wise or much needed, the 
Supreme Court will not permit it to be enforced if it is of the 
opinion that it is forbidden by the Constitution. 

Sometimes a constitutional law of the particular kind 
desired cannot be had until the Constitution itself is amended, 
but often a law is unconstitutional because it was not intelli- 
gently drawn, or because its title contains more than one subject, 
or because of some other defect in drawing it that would have 
been avoided had the General Assembly observed the require- 
ments of the Constitution which state how a valid law may 
be enacted. 

The Legislature can enact any law not forbidden by the 
Constitution. But an executive officer can exercise no power 
except such as is specifically given him by the Constitution 
or the laws, and the courts will never inquire whether a law 
is wise or unwise. This is a marked distinction between the 
power of the Legislature and the power of an executive 
officer or of a court. 

218. When a Law Takes Effect.— No law^ passed by 
the Legislature, except the general appropriation act, "shall 



THE r.KNRRAL ASSKMTU.V. 21 7 

take effect or go into force until ninety days after the adjourn- 
ment of the session at whicli it was enacted," unless there is 
attached to it an emergency clause, and two-thirds of all the 
members elected to each house "otherwise direct ;" in wdiicli 
case, the law will take eft'ect at once or at any subse.quent time 
that the Legislature may designate. 

219. Laws and Revised Statutes. — All the laws passed 
at one session are published in one book called the "Laws" of 
that year. At the last regular session of each decade all the 
laws of the State then in force are revised, collated and ar- 
ranged under proper heads and in connected order, and pub- 
lished in one or more large volumes designated "Revised 
Statutes." The Revised Statutes of 1899 are two large 
volumes. They contain all the general laws passed by the 
Legislature at any time prior to such revision that had not 
been repealed. In these volumes the laws are collected into 
chapters and articles and sections, and the sections are num- 
bered consecutively from the beginning to the end, just as the 
sections of this book are numbered. Each chapter is given an 
appropriate heading, and then the chapters are arranged in 
alphabetical order in each volume. 

220. Impeachments. — The chief executive officers and 
the judges of the higher courts may be impeached for "high 
crimes and misdemeanors, misconduct, habits of drunkenness, 
or oppression in office." An impeachment is a trial instituted 
in the General Assembly for the purpose of removing an im- 
portant officer of the State from his office. The House must 
originate impeachments. It draws up the charges against the 
officer and sends them to the Senate, and the Senate hears 
the evidence and determines whether or not he is guilty of 



2l8 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

the things of which the House charges him It takes two- 
thirds of the Senators present to convict, and a conviction 
means the removal of the officer from oft'ice and his disquah- 
fication to hold office thereafter. When the Governor is on 
trial the Chief Justice of the Supreme Court presides. 

As a matter of fact, there has been no impeachment trial 
in this State since the adoption of the present Constitution — 
so much for the uniform upright conduct of our judges and 
chief executive officers. Prior to 1875 four or five circuit 
judges had been tried by impeachment, and one convicted and 
removed from off'ice. Since that time no motion has ever 
been made in the House to have any officer impeached. 
Questions on Chapter III. 

1. How is the General Assembly composed? (197) 

2. How man}' Representatives? (198) 

3. How and how often is the ratio obtained? (198) 

4. How many ratios must a county have before it can have 
two Representatives? Before it can have three? Before 
it can have four? (198) 

5. What is the ratio for the present ten years? (198) 

6. How many inhabitants must a county have before it can 
have two Representatives? (198) 

7. What will be the effect of this rule. of apportionment? (198) 

8. What kind of representation is representation in the 
House? In the Senate? (198) 

9. What body fixes Representative districts? (198) 

10. How many Senators? By whom elected? How elected? 
(199) 

11. Can a county be partly in one district and partly in an- 
other? (199) 

12. Which district do you live in? (See map) 

13. Who is the presiding officer in the House? And of the 
Senate? Who presides in their absence? (200) 

14. Qualifications of Senators and Representatives: i. as to 
age, 2, as being a voter? 3. as to residence? 4, as being a 
tax-payer? (201) 



THE GENERAL ASSEMBLY. 2ig 

15. What is the pay of a Senator or Representative? (202) 

16. Can a Senator or Representative hold any other office? 
(203) 

17. What is the legislator's oath of office? (204) 

18. Suppose he refuses to take that oath? (204) 

19. When does the General Assembly meet in regular session? 
In extra session? (205) 

20. What subjects may be considered at extra sessions? (205) 

21. At regular sessions? (217) 

22. What general powers has each house? (206) 

23. When may it expel a member? (206) 

24. Can he be twice expelled for the same cause? (206) 

25. Why can he not? (171) 

26. What must a bill receive to become a law? (207) 

27. Suppose the Governor neither veto nor approve it? (207) 

28. Suppose the Legislature adjourn within, ten days after a 
bill reaches the Governor? (207) 

29. When a bill is introduced what is first done with it? (208) 

30. What may the committee do wnth it? (208) 

31. When it comes back to the house what may be done with 
it? (208) 

32. What is the next step? (208) 

33. If it is engrossed, what is then done with it? (208) 

34. If it receives the vote of a majo'rity of all members, what 
is then done with it? (208) 

35. What is first done with it in that house? (208) 

36. What report may that committee make? (208) 
S7. What may now be done? (208) 

38. What is the next step? (208) 

39. What is next done with it? (208) 

40. If it has not been amended, where does it go? (208) 

41. If it has been amended, how may it still become a law? 
(208) 

42. On how many days must a bill be read in each house? (208) 

43. When is it read the first time? The second? The third? 
(208) 

44. What is the shortest time in which a bill may be passed 
through both houses? (208) 

45. When must the yeas and nays be called, and when may 
they be? (209) 



220 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

46. May bills for raising" revenue and appropriation l^ills 
originate in United States Senate? (210) 

47. Where may they originate in the General Assembly? (210) 

48. Is that the practice in reference to appropriation bills? 
(210) 

49. State the order in which appropriations may be made. 
(211) 

50. What does this compel the Legislature to do? (211) 

51. How may public money be paid out? (212) 

52. What power has the Governor over appropriation bills 
containing several items? (213) 

53. Does the President have that power? (213) 

54. For what purpose may the State contract debts? (214) 

55. Give example. (214) 

56. How is the State's business to be conducted? (215) 

57. Can a special or local law be passed? (216) 

58. How must all laws apply? (216) 

59. Give some examples. (216) 

60. On what subjects may the Legislature make laws? (217) 

61. Could it pass a law abolishing courts? (217) 

62. Could it enact a law authorizing it to appoint officers? 
(217) 

63. What is the first question that every legislator, the Gov- 
ernor and every higher judge must ask himself? (217) 

64. Why must they ask themselves that question? (217) 

65. What is the next question the legislator or Governor will 
ask himself? (217) 

66. Will the judge £fsk himself that question? Why? (217) 

67. What is a marked distinction? (217) 

68. When does a law take effect? (218) 

69. What is said about the publication of the laws? (219) 

70. For what may certain officers be impeached? (220) 

71. What is an impeachment? (220) 

72. Where must impeachments originate and where are they 
tried? (220) 

7S- Flow many does it take to convict? (220) 



CHAPTER IV. 

THE EXECUTIVE DEPARTMENT. 

221. General Remarks. — Executive officers of the 
State and Union perform like duties. Their work pertains to 
the same kind of duties. In each case the executive officer 
performs some work prescribed by law. But the executive 
powers of the State and Union are very diff'erentlv vested. 
We have seen that the Constitution of the United States says 
that "the executive power shall be vested in the President of 
the United States," and names no other executive officer. All 
executive power of the United States government is vested in 
him or in other officers under his control and appointed by 
him or by other officers who have themselves been appointed 
by him. But our State Constitution says that "the executive 
department shall consist of a Governor, Lieutenant-Governor, 
Secretary of State, State Auditor, State Treasurer, Attorney- 
General and Superintendent of Public Schools," and else- 
where it provides that the Legislature may create other execu- 
tive officers for the State, and other executive officers for the 
counties, others for townships and others for cities and towns, 
and it prescribes some of the duties of all these officers, and 
then directs that they shalll perform these duties and such 
others as may from time to time be prescribed by laws passed 
by the Legislature. 

Thus we see that the Governor does not sustain the same 
relation to the State that the President does to the Union. Lie 
sustains the same relation to the Legislature in his veto power 

(221) 



222 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

that the President does to Congress ; but his relation to other 
executive officers is very different from the President's. We 
also see that a State executive officer and a National execu- 
tive officer are very differently related to the people. A 
National executive officer, from the Secretary of State down 
to the humblest postmaster, is "the President's hand," over 
whom he has control, since he is his representative, and is 
often by him appointed, and can by him be removed, and 
that power Congress cannot take from him. But the Governor 
has very little control over the chief executive officers of the 
State and almost none over those of the counties. They are 
rarely appointed by him, but are elected by the people, and in 
most cases he cannot remove them, and has no control over 
the way they perform their official duties unless that power is 
clearly given to him by law. For malfeasance in office, or 
official corruption, he can suspend one or two of the State 
officers until the charge is investigated by the Legislature or 
the courts, but as a rule all executive officers except those 
appointed by him are not answerable to him for the way in 
which they perform their oft'icial duties. 

222. State Officer. — A State officer is one whose of- 
ficial duties extend over the entire State. They are those 
named in the preceding section, all of whom are elected by the 
people, and certain other officers appointed by the Governor, 
such as Adjutant-General, Superintendent of Insurance, cura- 
tors of the University, regents of the Normal schools, and 
boards of managers of the various penal and charity institu- 
tions. Besides these, there are the Railroad Commissioners, 
who are elected by the people. All these officers in some 
States are appointed by the Governor, and he thereby becomes 



THE EXECUTIVE DEPARTMENT. 223 

rcsponsilile to the people for their offieial eoiKhict. TiUt in 
this State, the chief executive officers are elected by the people, 
and hence they are directly responsible to the people for the 
way they perform their duties. 

223. The Governor. — The Constitution says that "the 
supreme executive power shall be vested in a chief magistrate 
who shall be styled, 'The Governor of the State of Missouri,' " 
and requires that he "shall take care that the laws are faith- 
fully executed," but it does not clearly say how he is to do 
that, and there are few statutes which give him specific 
authority of that kind. The Constitution does make him 
"conservator of the peace throughout the State," which means 
that he is not only High Sheriff', but something more than 
that. He is the commander in chief of the militia, and if a 
riot occurs, or an insurrection, which cannot be put down by 
the sheriff, he can send the Adjutant-General with so much 
of the National Guard as may be necessary to restore order, 
and if that is not suff'icient he can call out the militia, that is, 
the men of military age in the State, and require so many of 
them as may be necessary, to aid the sheriff" or Adjutant- 
General in enforcing the authority of the courts, and in putting 
down mobs, and riots and other lawless movements. But he 
has no control over the courts themselves, nor over prosecuting 
attorneys, nor over grand juries, nor over any other county 
officers except the sheriff', and then only when there is such an 
unusual disturbance that the sheriff cannot cope with it. 
His powers may be enumerated about as follows : 
I . He can direct the Attorney-General to assist any prose- 
cuting attorney in the discharge of his duties, and therein is 
found his greatest authority in times of peace to see that "the 
laws are faithfullv exectued." 



224 CI\'IL GOVERNMENT OF TliE STATE OF MISSOURI. 

2. He can call out the militia "to execute the laws, sup- 
press insurrections and repel invasions." 

3. He can grant pardons, after conviction, and commute 
sentences to less punishments. 

4. He can call the General Assembly in extra session, 
and in that way, again, he can exert his influence, by message 
and otherwise, in inducing the Legislature to provide means 
for faithfully executing the laws, but he can not compel the 
Legislature to pass any act, or vote on any proposition. 

5. He can veto bills passed by the Legislature, and then 
they can become laws only when two-thirds of the members 
elected to each house vote to pass them in spite of his veto. 

6. When a vacancy in any county or district or state 
office occurs he fills it by appointment, or if it is an oft'ice that 
can be filled only by an election he calls a special election. 

7. He has the right to appoint a few State officers and 
many important local officers. He appoints the election com- 
missioners of St. Louis, Kansas City and St. Joseph, and also 
the police commissioners of those cities except the mayor. He 
appoints the governing boards of all institutions maintained by 
the State, except the Penitentiary, such as the University, the 
Normal schools, reform schools, and asylums for lunatics and 
the blind. He also appoints coal oil inspectors for the various 
towns, cities and counties of the State. And through these 
appointees he can, if he desires, exert either a useful or a bane- 
ful influence on politics. 

8. He appoints all notaries public, and issues commis- 
sions to all officers for commissioning whom provision is not 
otherwise provided by law. 

224. Qualifications and Salary. — He must be thirtv- 
five vears old and must have been a citizen of the United 



THE EX!:c['Ti\ I-: r)i:rART:Nn-:x r. 225 

States for ten years and a resident of this State for seven 
years before his election. His term of office is four years and 
he cannot be elected twice in succession. He receives a salary 
of $5,000 per year and lives in the Executive Mansion, provided 
and furnished by the State, which pays all the current expenses 
of his office. 

225. Lieutenant Governor. — The presidins;- officer of 
the Senate is the Lieutenant-Governor. He must have the 
same qualifications as to age and residence as the Governor, 
and for his services receives a salary of $1,000 a year, and in 
addition seven dollars for every day he shall actually preside in 
the Senate. He has no vote in the Senate except when Sena- 
tors are equally divided. In case of a vacancy in the office of 
Governor, he becomes Governor for the residue of the term, 
and during the absence of the Governor from the State he also 
acts as Governor. He may resign or be removed by impeach- 
ment, as may the Governor, but in case of a vacancy in his 
office no provision is made for filling the vacancy. 

The Senate elects a President pro tempore from its own 
members to preside in case of the absence, resignation or im- 
peachment of the Lieutenant-Governor, but this officer does 
not succeed to the oft'ice of Lieutenant-Governor in case a 
vacancy occurs in that office. No one does. If the office of 
Governor and Lieutenant-Governor both become vacant for 
any reason, the President of the Senate pro tempore at once 
steps into the office of Governor and holds it until the vacancy 
be filled. If the oft'ice of Governor, Lieutenant-Governor and 
President of the Senate pro tempore should all become vacant, 
then the Speaker of the House becomes Governor, but he can 
in no case become Lieutenant-Governor or President of 'the 
Senate pro tempore. 

15 



226 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

226. Secretary of State.— The Secretary of State is the 
custodian of the Great Seal of the State, which is used to au- 
thenticate many of the official acts of the Governor and of 
the State. In his off'ice are kept all the original laws passed 
by the General Assembly, the publication and distribution of 
which he superintends. He issues certificates of incorporation 
to corporations, licensing them to do business in this State, 
and when authorized to do so by the Governor, he issues com- 
missions to notaries public and other officers. In his office is 
a record of all general elections, and also a record of the names 
of all county and district officers and of the time they entered 
upon their official duties. 

In the presence of the Governor he counts the votes cast at 
any election for Representatives in Congress, judges of the 
Supreme Court, and courts of appeals, and circuit courts, and 
certifies to the Governor the result of his count and the Gov- 
ernor issues to each of those officers a commission, which 
empowers him to take charge of the off'ice to which he has 
been elected. 

He also counts the votes cast for Governor, Lieutenant- 
Governor, Secretary of State, State Auditor, State Treasurer, 
Attorney-General, Superintendent of Public Schools, and Rail- 
road Commissioners, and sends the result of his count to the 
Speaker of the House immediately after its organization, and 
then the House and Senate in joint session correct any mistakes 
in the count, and declare wdio have been elected to those of- 
fices. 

As the Legislature meets on the first Wednesday after the 
first day of January, and the terms of all these last named 
State officers do not begin until the second Monday of Jan- 
uarv after their election, tlie count of the votes for the first 



TH1£ KXECUTIV^I-: OEPARTMEiNT. 227 

set of officers alcove named is made in the presence of the 
retiring Governor, and the count for the second set is reviewed 
by the Legislature, and thus the count in all cases is finally de- 
termined by an impartial arbiter. 

The Secretary of State requires semi-annual reports from 
all State banks and trust companies, setting forth their financial 
condition, and he appoints bank examiners, whose duty it is to 
examine all such banks and trust companies in the State at 
least once a year, and require them to comply with the laws. 
He also keeps the records of all lands belonging to the State 
and when they are sold issues to the purchaser a patent, signed 
by the Governor. 

227. State Auditor. — The State Auditor apportions to 
each county its share of the State taxes, and settles with each 
county collector for the moneys coming into his hands belong- 
ing to the State. 

The law determines the rate of taxation for State pur- 
poses ; that is, how- many cents shall be paid on each $icm3 valu- 
ation, and the valuation is determined by the county assessors, 
the county boards of equalization, and the State Board of 
Equalization, and that is done in this way : The county 
assessor (in some counties, the township assessors) fixes a 
value upon each piece of property in the county, and then the 
county board of equalization determines whether that value 
is just and fair, and changes it accordingly; and the State 
Board 'of Equalization assesses the value of railroads, street 
railways and telegraph companies, and adds up the valua- 
tions made in the various counties, and decreases or increases 
the values fixed by the county boards, so that each county 
may bear its just share. Then the Auditor has a basis for 
deterniining just what share of the State, taxes each county 



228 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

shall pay, for each county must pay so many cents (say i8) 
on each hundred dollars of aggregate valuation of all the prop- 
erty therein. The county court then levies that tax against 
the property in the county, and the county (or township) 
collector proceeds to collect it, and the money collected for 
State purposes is sent to the State Treasurer and a report of 
the amount is made to the Auditor. 

The Auditor also issues warrants in payment of salaries 
of State officers, judges of the higher courts, the officers of 
the 20 institutions supported by the State, and to all other 
persons entitled to the State's moneys. The amount to which 
the various officers and institutions are entitled is determined 
by appropriation bills passed by the Legislature, and those 
bills are his authority for issuing the warrants, and he cannot 
issue a warrant for any purpose or to any person except as the 
appropriation bills authorize him so to do. Nor can he issue a 
warrant until there is sufficient money in the State Treasury 
with which to pay it, duly appropriated for that specific pur- 
pose. He also issues warrants in payment of certain costs in 
felony cases tried in the various courts of the State, and he 
must take care to see that no fee or charge of this kind is paid 
except such as is allowed by law and approved by the trial 
judge. 

The Auditor does not have in his custody any of the 
moneys of the State, but the Treasurer can pay out no money 
except on the Auditor's warrants, and it is the Auditor's duty 
to issue no warrant for the payment of money except when he 
is clearly authorized by law to do so. 

228. The State Treasurer is the custodian of the State 
funds. All moneys belonging to the State are in his keeping. 
He pays the salaries of State off'icers, of the judges of the 



THE EXECUTIVE DEPARTMENT. 229 

Supreme Court aud circuit courts aud courts of appeals, and 
all the other expenses of the State, on warrants drawn on him 
by the Auditor. He is required to give a large bond for the 
faithful performance of his duty. In order that the State's 
money may not be idle, the Treasurer deposits it, subject to be 
drawn out at ajiy time by him, in banks, which pay the State a 
small rate of interest for its use. His term is four years and 
he cannot be elected twice in succession. 

229. Attorney-General.— The Attorney-General is the 
legal adviser of all other State officers. He also represents 
the State in all cases to which it is a party before the Supreme 
Court, and has the authority, in the name of the State, to 
begin and prosecute all suits necessary to protect the rights and 
interests of the State. He can by the great writ of quo war- 
ranto institute suits against public corporations which exercise 
privileges not given them by law, or in defiance of law, and if 
successful in those suits the courts will punish such corpora- 
tions by heavy fines or by ousting them from doing business in 
the State. He can also by the same writ oust a State 'or county 
officer who has not been legally elected to office or has obtained 
the office by corrupt means. 

O'wing to the rapid formation in late years of trusts and 
combinations in restraint of trade by public corporations of 
various kinds, his- office has become one of the most powerful 
and important in the State, for the duty largely falls to him to 
set in motion the machinery of government for breaking up 
such unlawful concerns. 

230. Superintendent of Public Schools. — The duties of 
this officer are indicated by his title. He is the general super- 
intendent of the public school system. He superintends the 
distribution among the counties of the educational funds of the 



230 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

State, may grant teachers' certificates, prepares an annual re- 
port showing the number of teachers and pupils in the public 
schools of the State, the average amount of wages paid for 
teachers, and other useful information, and otherwise is re- 
quired to do what he can to elevate the standard of education 
in the public schools. He visits teachers' associations and ad- 
vises with the teachers and patrons as to the best methods and 
needed means for improving the all-important work of educa- 
ting the masses. 

231. Salaries and Terms. — All the State ofificers here- 
tofore mentioned in this chapter are elected by the people for 
a term of four years, and all except the Governor and Treasurer 
may be re-elected as their own successors. The Secretary of 
State, Auditor, Treasurer and Attorney-General each receive a 
salary of $3,000 a year for performing their duties as such 
officer, and besides they and the Governor each receive $5 a 
day for their services as members of the State Board of Equali- 
zation, which usually is in session ninety days of each year. 
The Auditor, Treasurer and Attorney-General also receive $250 
each as inspectors of the Penitentiary. The Superintendent of 
Schools receives an annual salary of three thousand dollars and 
is allowed certain traveling expenses, in visiting teachers' asso- 
ciations and in otherwise performing his official duties. All 
these off'icers are required to reside at the State capital, and 
are furnished offices by the State, and are provided with assist- 
ants paid by the State. 

232. Railroad Commissioners. — There are three Rail- 
road and Warehouse Commissioners. Their term of off'ice 
is six years, and one is elected every two years. Their duty 
is to see that the railroads obey the laws concerning freight 
and passenger rates. They also have power to fix freight 



THE EXIlCL^TIVE department. 2^1 

rates, but sucli raU\s must always 1)c reasonable and just. Tbev 
appoint inspectors in St. Louis and Kansas City to inspect and 
fix the grade of wheat and other grains. Each receives a 
salary of $3,000 a year. 

233. The Insurance Department. — The Superintendent 
of Insurance is appointed by the Governor, by and with the 
advice and consent of the Senate, for a term of four years at 
an annual salary of $3,000. He issues licenses to, and has a 
general supervision over, all insurance companies permitted to 
do business m this State. He has a right to inspect their books 
to ascertain if they are doing an honest business and complying 
with the laws, and to revoke their licenses if they are not, and 
it is his special duty to see to it that the insurance laws of the 
State are enforced. The agents or officer of any companx 
which has not been licensed by him to do business in this 
State, may, if they undertake to write policies, be punished in 
the courts. The oft'ice is established for the protection of 
policy-holders, and of honest companies as well. 

234. The Labor Commissioner is appointed by the 
Governor, by and with the advice and consent of the Senate, 
for a term of two years, at an annual salary of $2,000. He 
gathers statistics concerning the wages paid laborers in mines, 
on railroads, and in factories, and also statistics concerning 
the resources and products of the State, and publishes reports 
containing such of these statistics as he may deem of interest 
to the public. 

235. The State Board of Equalization. — The members 
of this board are the Governor, Secretary of State, Auditor, 
Treasurer and Attorney-General. The board meets once a 
year and equalizes the tax assessments of the various counties. 
It sometimes happens that property in one county is assessed 



232 C"I\'IL GOVERNMENT l)K THE STATE OF MISSOURI. 

at its real value, while in others it is assessed at one-half or 
even one-fourth of what it is worth. This is manifestly unfair. 
Each county should bear its proportionate share of the taxes 
to be raised for the support of the State government. But if 
the assessments made by the counties were permitted to stand 
some counties would thereby relieve themselves of their share 
of this burden. To' prevent this wrong the Board of Equaliza- 
tion raises the assessment of some counties and lowers that of 
others, and each county is bound by its action. Its duty in 
such case is to cqiiaU.ze the assessments made by the various 
counties, not to materially increase or decrease those assess- 
ments. The State board alsO' has power to assess the prop- 
erties of railroads, telegraph companies, and other public 
service corporations. 

236. National Guard. — The commander-in-chief of the 
Missouri National Guard is the Governor, and the chief mem- 
ber of his staff is the Adjutant-General, who is appointed l^y 
him, and has charge of the records and rolls. The National 
Guard, inclusive of State cadets, consists in times of peace of 
not over three thousand male persons between the ages of eigh- 
teen and forty-five years, who have voluntarily enlisted therein 
for any military duty that may be required of them by the Gov- 
ernor. Companies of the National Guard are found in various 
parts of the State, At proper intervals they are trained for mili- 
tary service. Once a year all the companies meet in a general 
encampment. They can be called into the field by the Governor 
to suppress insurrections or invasions or riots or tumults or 
mobs too powerful to be suppressed by the local autl; critics. 
The State armory, containing war records, guns and other 
military supplies, and in which the Adjutant-General has his 
office, is located at Jeft'erson City. 



THE EXI'XUTIVR DEPARTMENT. 2^3 

Under the law all able-bodied males between the ages of 
eigiiteen and forty-five years are liable to military duty, and to 
be enlisted for military service whenever the National Guard is 
inadequate to enable the Governor to execute the laws, except 
such persons as have conscientious scruples against bearing 
arms, and these ma}- be excused when summoned for duty by 
l)aying into the military fund six dollars per month. Under a 
late law of Congress the guns for the use of the National 
Guard may be furnished by the Secretary of War, and thus 
the National Guard of. every State may have the same kind of 
guns. The expense of the annual encampment may be paid in 
the same way. When a national war comes on the regular 
army is first ordered into service ; if that is not sufficient, the 
President calls on the Governor of each State for so much of 
its National Guard as may be needed ; and if that is not suf- 
ficient, other persons of military age are enrolled as State 
militia or as volunteer soldiers. Thomas Jefferson declared 
the militia to be "our strongest defense in time of war, 'our 
greatest protection in time of peace." 

237. Other State Boards. — There are various State 
boards to look after various interests in which the public is 
especially concerned. Among them are : 

1. The Board of Health, whose duty it is to establish and 
enforce regulations to prevent the spread of infectious and 
contagious diseases, and for that purpose it has very extensive 
powers. It also supervises the registration and examination 
of physicians desiring to practice medicine in this State. 

2. A Board of Pharmacy, which examines and licenses 
persons who desire to become druggists. 

3. There is also a like board for examining and licensing 
dentists. 



234 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

4. A board for the examination of l^arbers, by which all 
persons desiring- to pursue the occupation of barber in cities 
of 5,000 inhabitants or over must be licensed before they can 
do so. 

5. A State Board of Charities, whose duty it is to ex- 
amine into the condition and management of all prisons, jails, 
hospitals, reformatories, reform and industrial schools, orphan- 
ages and all public and private retreats which derive their 
support wholly or in part from the State or from any countv 
or city in the State, and make a full report to the Governor 
showing their actual condition. 

All of these boards are created either for the protection 
of the general health of the people, or for the benefit of those 
unfortunate persons whose welfare should always be of especial 
concern to the State. 

6. There is also an Arbitration Board, for the purpose of 
settling, by friendly mediation, strikes and other disputes be- 
tween large employers of laborers and such employees. Of 
late years strikes and other labor troubles have become a great 
public concern. When they come on, it is the public which 
suffers most from them, and hence the public is greatly con- 
cerned in their amicable adjustment. It is the duty of this 
board to go at once to the scene of any strike, to diligently 
inquire the cause of the trouble, to examine witnesses, and to 
decide upon terms of settlement, and, in some cases, it is given 
power to enforce those terms, and can call on the courts or 
the Governor to aid them in enforcing them. 

7. There is also a Bureau of Geology and Mines, whose 
special duty is to aid in the discovery and development of 
valuable minerals. 

8. And a Fish Commission, to look after the protection 
and development of fish suitable to Missouri waters. 



THE EXRCUTJVE DEPARTMENT. 2^5 

The members of all the boards so far mentioned arc ap- 
pointed by the Governor. 

9. There is also a Board of Education, consisting of the 
Superintendent of Public Schools, the Governor, the Secre- 
tary of State and the Attorney-General, to direct the invest- 
ment of the Public School fund, and the distribution of the 
annual income of any school fund, and to look after all swamp 
lands belonging to the State and their sale. 

10. There is also a Board of Fund Commissioners, con- 
sisting of the Governor, Auditor, Treasurer and Attorney- 
General, to direct the payment of the State debt and interest 
thereon, and the issue of new bonds or certificates of indebted- 
ness in lieu of such bonds, when so directed by law, and to see 
that such certificates are safely kept. 

238. Other Officers. — There are also other State of- 
ficers, appointed either by the Governor or some one of the 
boards mentioned in the preceding section. They are, i. State 
Mine Inspectors, whose duty it is to see that the regulations 
prescribed by law for the protection of persons working in 
deep mines are faithfully observed ; 2, the State Geologist, 
whose duty it is to make surveys of mineral deposits, and 
publish information of the character and quantity of such 
mineral ores ; 3, the Supervisor of Building and Loan Associa- 
tions, whose duty it is, by examination and from reports made 
by the companies, to see that all building and loan associations 
in the State conduct their business in a safe way and as 
authorized by law ; 4, a Beer Inspector, to see that beers are 
made of certain substances and no others, that they meet certain 
tests, and collect fees for such inspection, and turn them over 
to the State Treasurer. 

The amount of fees collected by the Beer Inspector for 



236 CIVIL GO\'ERNMENT OF THE STATE OF MISSOURI. 

inspecting beer, and by the Secretary of State for licensing 
corporations to do business in this State, and from notaries 
pubHc for their commissions, and by the Superintendent of 
Insurance for licensing insurance companies to do business in 
the State, etc., amount to hundreds of thousands of dollars each 
year, and add that much to the State revenues. 

239. State Institutions. — There are twenty institu- 
tions supported by the State. They are of four kinds, educa- 
tional, penal, eleemosynary or charitable, and agricultural. 

1. The educational institutions are the State University, 
located at Columbia ; the three Normals, for the training of 
teachers, located at Kirksville, Warrensburg and Cape Girar- 
deau ; the School of Mines and Metallurgy at Rolla, whose 
students study mining engineering, and the properties and 
value of mineral ores ; and the Normal for the education of 
negro teachers, called Lincoln Institute, located at Jefferson 
City. 

2. The eleemosynary or charitable institutions, are the 
School for the Deaf and Dumb, located at Fulton ; the School 
for the Blind, located at St. Louis ; the four sanitariums, or 
Hospitals for the Insane, located at Fulton, St. Joseph, Nevada 
and Farmington ; the Colony for the Feeble-Minded, at Mar- 
shall, where feeble-minded and harmless epileptics may receive 
the humane care which their helplessness suggests ; the Con- 
federate Home at Higginsville, where infirm and dependent 
ex-Confederate soldiers, their wives, widows and orphans may 
be maintained and cared for ; the Federal Soldiers' Home at St. 
James, where discharged Federal soldiers, who are in indigent 
circumstances or are from any disability unable tO' support them- 
selves, and the aged wife of any such soldier or any army nurse 
in like circumstances, may be maintained and cared for; the 



THE EXECUTIVE DEPARTMENT. 237 

Missouri Training School for Boys at Boonvillc where boys 
convicted of crimes, as vveU as incorrigible boys, may be. sent 
and taught to work and be obedient to authority ; and the In- 
dustrial Home for Girls, at Chillicothe, where girls convicted 
of crime, or incorrigible girls, may be restrained, and taught 
useful employment and obedience. These last two institutions 
were originally penal institutions, but the Legislature, out of 
a humane desire to save and reform boys and girls convicted of 
crime or criminally inclined, has classed them as eleemosynary. 

3. The penal institution is the Penitentiary at Jefferson 
City, where adult persons convicted of felonies of a less grade 
than murder in the first degree are imprisoned according to 
the judgments of courts. 

4. The agricultural institutions are the State Fair at 
Sedalia, which gives public exhibitions of stock and agricul- 
tural products, and the Fruit Experiment Station, at Willow- 
Springs, for experimenting with the different kinds of fruits 
and ascertaining what varieties are best adapted to the soil 
and climate of this State, and to study the different diseases 
and insects which infest fruits and remedies for their exter- 
mination. 

All these institutions are governed by boards appointed 
by the Governor, except the Penitentiary, whose warden is 
appointed by the Governor, but whose contracts for the employ- 
ment of the convicts in manufactories are supervised by a 
board of inspectors, consisting of the Auditor, Treasurer and 
Attorney-General. These 20 institutions cost the State each 
year more than a million dollars. But the civilization of a 
people has no higher test than the way in which they care for 
their unfortunates ; and these institutions for the blind, the 
deaf, the insane, the feeble-minded, the worn-out soldiers, the 



238 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

wayward boys and girls, arc all a standing glory to the humane 
purposes of our State government — almost as much so as the 
University, the Normal schools, and the other educational in- 
stitutions. 

240. General Powers of Executive Officers. — All the 
officers and boards discussed in this chapter are a part of the 
executive department of the State government. Whatever 
power they exercise must be clearly given them by law, and 
whatever duties they perform are specifically prescribed by law. 
Their duty is to execute the will of the people as that will is 
expressed in laws passed by the Legislature. It is not for 
them to say that the laws are unwise or unneeded ; the need 
for the laws and their wisdom are determined by the Legisla- 
ture. Nor are they to act blindly or heedlessly in performing 
the work assigned them, for if the law is of doubtful meaning", 
it is for the courts to tell them what it means, and direct them 
how to comply with it. 

241. Other Executive Officers. — But they are not all 
the executive officers of the State ; they are those executive 
officers whose whole compensation is paid out of the State 
Treasury. There are other executive officers for counties, and 
still others for cities and towns, and their duties will be ex- 
plained in other chapters, .but those mentioned in this chapter 
perform duties for the entire State or for a considerable part 
of it, just as county executive officers perform duties for the 
whole county, and city officers for the whole or a part of the 
city. So we call them State off'icers, because, in their respective 
spheres, they act for the whole State. 



Tiib: Kxi'XunvE dicpartment. 239 

Questions on Chapter IV. 

1. Do executive officers of the State and Union perform like 
duties? (221) 

2. How are the exccuti\ e powers of the Union vested? (221) 

3. Of whom does the executive department of the State con- 
sist? (221) 

4. Does the Governor sustain the same relation to the Slate 
that the President does to the Union? (221) 

5. Do State and national executive officers sustain the same 
relation to the people? (221) 

6. Explain the difference. (221) 

7. What is a State officer? (222) 

8. Name some of them. (222) 

9. In whom is the supreme executive power vested? (223) 

10. What is he required to do? (223) 

11. Do the Constitution or the statutes clearly say how he is 
to do that? {22s) 

12. What does the Constitution make him? (223) 

13- What relation does he sustain to the militia? (223) 

14- Has he any control over courts? (223) 

15- Enumerate some of his powers. (223) 

16. What qualifications must he possess? (224) 

17. What is his salary? (224) 

18. What is said of the Lieutenant-Governor? (225) 

19- In case of a vacancy in his office, who succeeds to it? (225) 

20. What are some of the duties of Secretary of State? (226) 

21. How are the votes cast for Representative, etc., counted 
and determined? (226) 

22. How, those for Governor, etc.? (226) 

23. Is the count in all cases finally determined by an impartial 
arbiter? (226) 

24. What duties does the Secretary' of State sustain towards 
banks and trust companies? (226) 

25. What are some of the duties of the State Auditor? (227) 

26. Describe how the State taxes are assessed, levied and col- 
lected. (227) 

27. What does the Auditor have to do with warrants? (227) 

28. How is the amount of money to each determined? (227) 

29. When can he not issue a warrant? (227) 



240 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

30. Who is custodian of the State's moneys? (228) 

31. Name some of his duties? (228) 

2)2. What are the duties of the Attorney-General? (229; 
2,2>- What can he do by quo zvarrantof (229) 

34. Why has his office become so important? (229) 

35. Name some of the duties of Superintendent of Schools? 
(230) 

36. What are the salaries and terms of these various officers? 
(231) 

2,7. What are the duties of Railroad Commissioners? {.222) 

38. What great power have they? {22,2) 

39. What are the duties of Superintendent of Insurance: (233") 

40. Can any company do business without a license? (233) 

41. What labors are performed by the Labor Commissioner? 
(234) 

42. What duties are performed by State Board of Equaiiza 
tion? (235) 

43. What is said of the National Guard? (236) 

44. Name some of the other State boards. {227) 

45. Name some of the other State oiTicers. (238) 

46. Name, the four classes of State institutions. (239) 

47. What are the educational institutions? (239) 

48. What are the eleemosynary institutions? (239) 

49. What is a high test of the civilization of a people? (239) 

50. What then are these charitable institutions? (239) 

51. What are the officers and boards mentioned in this chap- 
ter? (240) 

52. What powers may an executive officer exercise? (240) 

53. Are there other executive officers? (241) 



CHAPTER V. 

THE COURTS. 

242. General Statement. — The judicial department of 
government consists of the courts. The courts of the State 
are the Supreme Court, courts of appeals, circuit courts, crim- 
inal courts, probate courts, and courts of justices of the peace. 
The county court being largely an administrative or executive 
body for transacting the business of a county, will not be con- 
sidered in this chapter, but will be in the chapter on "Coun- 
ties." The courts considered in this chapter have been estab- 
lished for the enforcement and the administration of the law. 

243. Kinds of Law. — Laws are broadly divided into 
two classes, Criminal Law and Civil Law. Civil Law is again 
divided into Common Law and Statutory Law and Equity- 
Law ; and Criminal Law may consist of the Common Law or 
Statutes or both. 

I. The Common Law concerns such things as ordinary 
promissory notes, deeds to lands, and other contracts and the 
breach of such contracts, and wrongs done to one's property 
or person. For generations in America and England certain 
rules have been gradually agreed upon by all men as being- 
right for conducting business. These rules have been en- 
forced by the courts until they have become a great system of 
principles, and are called the Common Law. This law is not 
found in acts passed by the Legislature, but in books written 
by able lawyers and in the published opinion;? of the highest 
courts. 

(241J 
16 



242 CIVIL GOVERNMENT OE TiJE STATE OE MISSUUKI. 

2. Statutory Law consists of laws passed by the Legis- 
lature and such laws are called statutes. These sometimes sup- 
plant the Common Law principles, but the Common Law, until 
replaced by statutes, is binding upon all men, because the Com- 
mon Law, until so changed, is by our statutes declared to be in 
force in this State. 

For the enforcement of the Common Law or the Statutory 
Law there are a judge and a jury, and at the trial the points 
to be decided are such as. Was the contract made, and what 
are its terms? or, Admitting the contract has been made and 
broken, what are the damages? But the judge alone tries a few 
kinds of such cases : as divorces, for instance ; and in other 
Common Law cases both sides may mutually agree to waive a 
jury, but if either party demands a jury it cannot be denied 
him. 

3. But sometimes the enforcement of a contract would 
work a wrong. The contract may have been obtained through 
fraud or mistake ; some kind of deceit or fraud by one party 
may have induced the other to enter into it, and then justice 
and good morals suggest that it ought to be set aside and not 
enforced against the party thus cheated. It is just at this point 
that Equity Law steps in. It was created to give relief 
against the rigid exactness of the Common Law, when the en- 
forcement of that law would work a wrong. Equity cases are 
tried by a judge alone; no jury assists him. 

4. Criminal Law relates to crimes. It usually consists 
of the statutes, or laws passed by the Legislature. Crimes 
are divided into two classes. They are misdemeanors and 
felonies. A uiisdcincanor is a lower grade of crime and is 
punishable by fine or imprisonment in jail or calaboose. Only 
a jury and a justice or judge is required to try a misdemeanor, 



THE COURTS. 243 

although a grand jiir\' ma}- iiichct a person for a misdemeanor. 
A felony is a higher grade of crime and is pnnishable by im- 
prisonment in the penitentiary, or death. Prior to 1900 no 
one could be tried for a felony nntil he had been indicted by 
a grand jury, but now prosecutions in a felony case may be 
begun 'on an information filed by the prosecuting attorney, or 
on an indictment begun by a grand jury. If begun in either 
way, the case is tried by a judge and a jury of twelve men. 

244. Justices of the Peace. — In each municipal town- 
ship of each county there is at least one justice of the peace 
and often more than one. He is sometimes called a magistrate 
and often a squire. He is a conservator of the peace for his 
township. These courts have been established in order that 
the people may have a court right in their midst in which to 
settle their smaller disputes, and in which the wheels of gov- 
ernment may be speedily set in motion in case crimes have been 
committed. 

If a peace officer, such as a constable, sheriff' or police- 
man, sees a person committing a crime he may arrest him on 
the spot, without waiting for a warrant, and then after his 
arrest a complaint is filed against him with the justice before" 
whom he is taken. But if he is not discovered by such officer 
in the act of committing a crime, a warrant must be issued for 
his arrest before he can be arrested. 

Warrants are issued out of the court where the prosecu- 
tio;i is begun. If the first step' against a person accused of 
crime is an indictment by a grand jury or an information filed 
in the circuit or criminal court, the warrant for the arrest is 
issued out of that court, and the sheriff* makes the arrest. 

But usually a warrant for an arrest is issued by the justice 
of the peace. He can issue such a warrant only when some 



244 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

one files a complaint with him, under oath, charging a certain 
person with having committed a specific crime, and then he 
must issue a warrant for that person's arrest, and that com- 
plaint may be made by any private person or by the prose- 
cuting attorney or by any officer. If the crime which the 
complaint charges the accused person with having committed 
is a misdemeanor, he may have his trial at once or in a short 
time by a jury before the justice. But if the crime charged 
against him is a felony punishable by imprisonment in the 
penitentiary he cannot be tried in the magistrate's court, but 
the justice requires him to give bond to appear for trial at the 
next term of the circuit or criminal court of the county, and 
if he cannot give bond he is committed to jail to await his 
trial. 

If the complaint charges a crime punishable with death, 
such as murder or robbing a railroad train, the justice, if the 
accused wishes it, gives him a "preliminary hearing," not for 
the purpose of determining his guilt, but for the purpose of 
ascertaining whether or not there is such probability of his 
guilt of a less offense than that charged as will entitle him to 
bail. If the "proof is evident or the presumption great" that 
he has committed the capital offense with which he is charged, 
the justice will not admit him to bail, but will commit him to 
jail to await the action of the grand jury or to meet any charge 
which the prosecuting attorney may lodge against him at the 
next, term of the circuit or criminal court. 

Civil suits involving any sum less than $250 may be 
brought in a justice's court, and suits involving less than $^0 
must be begun there. Suits to dispossess a tenant who will 
not pay his rent, and suits to dislodge a person who has wrong- 
fully taken possession of another's house or lands (if the title 



THE COURTS. 245 

is not involved) may also be brought in a magistrate's court. 
And prosecutions for misdemeanors may be begun either in 
the circuit or criminal court or the magistrate's court. But an 
equity case cannot be tried in a justice's court, nor can the 
justice alone decide any civil case unless both sides agree that 
he may. All cases tried in a magistrate's court may be deter- 
mined by a jury of six men, who pass upon the law and the 
evidence as they understand them, without any instructions 
from the justice. The law is read to them by the lawyers who 
represent the different sides, and as the jury are liable to mis- 
construe the law where it is not plain and easily understood, 
only cases involving plain and simple issues are tried in magis- 
trate courts. 

The finding of the jury is called a verdict, which is ex- 
pressed in a small piece of writing signed by one of their num- 
ber who has by them been chosen foreman, thus : "We, the 
jury, find the defendant guilty, and assess his punishment at 
six months' imprisonment in the count}' jail. John Smith, fore- 
man ;" or, "We, the jury, find for plaintiff, and assess his 
damages at forty dollars. John Smith, foreman." 

If the case is a criminal one all the jury must agree upon 
the verdict ; if it is a civil case, that is, a suit involving a right 
to property, two-thirds of the jury (or four jurors) may make 
a verdict. If the case is a civil one either party dissatisfied 
with the verdict may appeal to the circuit court, by giving 
bond, and in that court the case is tried anew just as if it had 
been originally begun there. If the case is a criminal one and 
the verdict is in favor of the defendant, there can be no appeal, 
nor can he ever be tried for that crime again, for wdienever a 
verdict of "not guilty" is reached in any case in any court which 
had power to try it, that is the end of it. If, however, the 



246 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

verdict is against the defendant, he may appeal to the circuit 
or criminal court of the county, and there the case is tried 
anew. 

The justice is not paid a salary. He is allowed certain 
fees in the cases brought before him which are taxed as costs, 
and the constable and jury are paid in the same way. 

245. Constables. — In each township there is a con- 
stable, who is the executive officer of the court of the justice 
of the peace. It is his duty tO' make arrests on warrants 
issued by the justice if the accused party can be found in 
his county ; to serve the summons on the defendant in civil 
cases ; to impanel juries and summon witnesses for trial ; and 
after the trial he collects the amount of the judgment, or debt, 
from the losing party by seizing and publicly selling his prop- 
erty, if any property he has in excess of what the law says 
shall not be sold to pay his debts. If the case is a criminal 
one, and the judgment of the justice's court is that the accused 
be lodged in jail, it is the constable's duty to take him in 
charge and turn him over to the jailer. Thus, it is the duty of 
a constable to enforce the judgments of the justice's court, and 
hence he is the executive officer of that court. 

246, Probate Courts. — In each county in the State 
there is one probate judge, whose court is concerned in settling 
the estates of deceased persons and appointing guardians and 
curators to care for the persons and manage the estates of 
minors and lunatics. In some States this court is called the 
Orphan's Court. 

When one dies his debts must be paid. All his propertv, 
except about four hundred dollars worth for his widovv' and 
a part of the family furniture and one year's provisions for 
the support of the family and the homsetead which he ov;ned 



THE COURTS. 247 



and in which he hvcd, is ]ial)le for the payment of his dehts, 
and his children can have nothing nntil these are paid. Tf 
the person has left no will, the court appoints someone, de- 
nominated an administrator, to take charge of the estate' and 
settle up its debts and turn the residue over to the heirs, but 
for this purpose no land can be sold if the personal estate is 
suli'icient to pay the debts. If the deceased person left a will, 
it usually names someone that he desires to administer his 
estate. Such person is called an executor, and in administer- 
ing the estate he must obey the instructions of the will, except 
that the will cannot deprive the widow of her dower or home- 
stead, nor defeat the payment of the debts of the deceased. If 
a claim against the estate of a deceased person is disputed by 
the administrator, the probate judge may call a jury to decide 
the point, and from its verdict either party may appeal to the 
circuit court, where the case is tried again. 

When the administrator or executor has fully admin- 
istered the estate, that is, turned so much of it into money as 
is sufficient to pay the debts and paid those debts, he offers 
to the court an exhibit of all moneys he has received and paid 
out. This is called his final settlement, and if approved by 
the judge, he is discharged, and the estate goes to the heirs 
or legatees. But if any of the heirs are not satisfied with 
the conduct of the administrator they can appeal to the circuit 
court to redress the wrong done. 

247. Circuit Courts.— The circuit courts are the great 
trial courts of this State. In them can be tried every kind of 
case,— civd, equity, and, in counties wdiere there is not a sepa- 
rate criminal court, criminal cases also. One or more sessions 
of the circuit court are held in each county each year. These 
courts exercise a superintending control over criminal courts. 



248 CR'IL GOVERNMENT OF THE STATE OF MISSOURI. 

probate courts, county courts, justices of the peace, and all 
other inferior courts. Th.e State is divided into thirty-one 
circuits. In each an officer, styled the circuit judge, is elected 
for a term of six years to preside over these courts, and in 
some of the circuits, like St. Louis, and Jackson county, Jasper 
county and Buchanan county, there is more than one judge, 
the number being increased by the Legislature as the amount 
of litigation may require. 

248. Criminal Courts. — In counties having- over 40000 
inhabitants there may be a separate court for the trial of 
criminal cases. It is called a criminal court and is presided 
over by a criminal judge. But in nearly all smaller counties 
such cases are tried in the circuit court. There is a criminal 
court in Jackson, Greene and Buchanan counties, but in St. 
Louis two of the circuit judges are assigned to preside over 
the criminal division of the circuit court. In St. Louis and 
Kansas City there is also a "juvenile court" to try "neglected 
and delinquent children" who are charged with crimes or are 
likely to become criminals unless sent to a reform school. 
There is also a criminal court for Saline and Lafayette coun- 
ties. In all other parts of -the State criminal cases are tried 
in the circuit court. 

249. Qualifications and Salary. — The circuit judge 
must be learned in the law, at least thirty years of age, a citizen 
of the United States for five years, and a qualified voter of this 
State for three years next before his election or appointment. 
Each circuit judge receives annually from the State $2,000 and 
his expenses in attending court when held in any other town 
than that in which he resides. In St. Louis this salary is raised 
by the city to $5,500, and in Jackson county to $3,500 by the 
count V. If a vacancv occurs in the office the Governor ap- 



THE COURTS. 



249 




'l"ho (Ji'iural Asspml»ly at its session in lOol divided tiie State into 
tliii'ty-one circnits, by number, as sliown by tlie above map. 



250 CIVIL GOVERNMENT OE THE STATE OF MISSOURI. 

points some one to serve until the next regular election, when 
the people elect a judge to fill out the unexpired part of the 
term. 

250. Assistants. — In each county there is a circuit 
clerk, and a sheriff to assist the judge in holding court. There 
may also be a grand jury of twelve men to investigate charges 
and present indictments against persons they may believe guilty 
'of crime; and there is a petit jury tO' hear causes and determine 
the issues of fact, and a prosecuting attorney to prosecute 
violators of the law. The judge is also assisted by members 
of the bar, or licensed lawyers, who represent litigants and 
present to the court the causes they wish determined. 

251. The Grand Jury. — The grand jury consists of 
twelve men and is chosen by the county court or by the sheriff, 
as the judge of the circuit may order, and as nearly as possible 
jurors are taken from each township in the county, the number 
taken from each depending on the amount of its population as 
compared to that of the whole county. It is a secret body and 
all of its members are sworn never to divulge any of its pro- 
ceedings. Nine of its members can find a "true bill." Its duty 
is tO' investigate, ^'without hatred, malice, fear, favor, or affec- 
tion," any crime that has been committed in the county, and 
for this purpose it can send for witnesses in any part of the 
State. 

Prior to the amendment of the Constitution of 1900, a 
grand jury was a necessary part of every regular term of a 
criminal or circuit court, and no person accused of a felony 
could be prosecuted except on an indictment found by the grand 
jury, but by that amendment no grand jury can now convene 
except when ordered by the judge. And at the same time it 



THE COURTS. 25 1 

was provided that prosecutions of felonies might be begun bv 
an information filed by the prosecuting attorney, as well as by 
an indictment found by a grand jury. This amendment, there- 
fore, renders a grand jury of less importance in the punishment 
of criminals, but very much increases the responsibilities of 
the prosecuting attorney. The enforcement of criminal laws 
is by it made almost entirely dependent upon him. He can file 
an information against whom he pleases, prosecute or dismiss 
any criminal case according to his own judgment, and no one 
can compel him to do otherwise. This amendment has made 
him the most important ofificer in the county, and puts u]3on 
the people the dut}' of selecting the best man to be had for that 
ofi-'ice. 

252. Petit Jury. — The petit jury is the trial jury. In 
the more important civil suits and in felony cases it consists 
of twelve men ; in misdemeanor cases and in suits involving 
small amounts of money it may consist of six men. The jurors 
are chosen from a panel of impartial men. A regular panel of 
twenty-four men is selected for each term of the circuit court 
by the county court from the various townships of the countv. 
Out of this panel a jury is chosen for the trial of most cases 
tried at the next term of the circuit court. For instance, if the 
case is a suit for land, the jury must consist of twelve im- 
partial men. To obtain that jury, eighteen men on the regu- 
lar panel are first called to the jury-box. If any of them are 
absent, the sheriff must fill their places from the other six 
or from; by-standers ; then all of them are examined for the 
purpose of ascertaining whether they can give each side a 
fair and impartial trial, and if any of them cannot they are 
rejected and 'other men who will are substituted for them. 
Eighteen im])artial men having thus been found a list of 



252 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

their names is made up, and from that Hst each side strikes 
oft" tliree and tlie twelve remaining constitute the petit or 
trial jury for that case. In this way the trial jury is usually 
selected for the trial of each civil and some felony cases. 

But if the accused may be punished by Imprisonment for 
life, the panel consists of thirty men. If he is charged with 
murder, the jury wnll be made up from a special panel of forty- 
seven men in counties having one hundred thousand people, 
and in counties of a less population the panel consists of forty 
men. The county court has nothing to do with selecting that 
panel, but it is summoned by the sheriff on an order by the trial 
judge. He orders the sheriff to ^summon fifty or sixty or 
seventy men — such number as he deems sufficient to get a full 
panel from. The men thus summoned are called the venire 
(pronounced, ve-nl-re). From them the panel is chosen, and 
from the panel the jury to try the case is chosen. If the panel 
consists of forty-seven men, the prosecuting attorney strikes 
fifteen names from the panel, and the defendant twenty ; if it 
consists of forty men, the prosecuting attorney strikes off eight 
names, and the defendant twenty — thus, in either case, the 
names of twelve men remain, who constitute the trial jury. 

Formerly it was necessary for all the jury to agree to the 
verdict in any kind of case ; now, if three-fourths of them 
agree upon a verdict in a civil case tried in the circuit court, 
and two-thirds agree upon a verdict in a civil case tried before 
a justice of the peace, that verdict is as binding as if every 
juror had agreed to it. But in criminal cases, it is still neces- 
sary that every member of the jury agree to the verdict; in 
such case, it must be the unanimous verdict of all. If the 
verdict is that the defendant is "not euiltv" that is the end of 



THE COURTS. 253 

the case ; it cannot be appealed, nor can the defendant ever 
again be put on trial for the same offense. 

253. Trial By Jury. — "Trial by a jury of one's peers" 
has been the pride of the English-speaking race for six hun- 
dred years ; and its hold upon the people, as the fairest and 
best method of administering the law, has strengthened with 
the centuries. One of its chief merits is that it puts upon 
the people of the community the duty and responsibility for 
settling disputes and punishing crime. Jury verdicts some- 
times indicate a low moral sense in the community, and are a 
disappointment to lovers of good order and fairness, but that 
is true of every other system of jurisprudence ever devised. 
The remedy in such cases is for the public to hold in scorn the 
juror who has failed to do his sworn duty, and to use the 
slow process of education in elevating the moral sense of the 
people until they are fixed in their determination that jurors 
must always be just, fair, honest, and brave to do the right. 

254. A Civil Trial— A trial, as defined in the statute, 
"is the judicial examination of the issues between the parties, 
whether they be issues of law or of fact." The party bringing 
the suit is styled the plaintiff, and the party against whom it 
is brought, the defendant. The first step in a civil case is the 
filing with the clerk of a paper called the petition, which sets 
forth the plaintift"*s claim or cause of action. Then the clerk 
issues a summons to the defendant to come into court and 
make defense. A copy of this summons is delivered to the 
defendant by the sheriff. He appears by his attorney and 
files a paper of his own, called an answer to plaintiff's petition. 
Then a jury is impaneled, if it is purely a law case and either 
party demands a jury. The plaintiff first introduces witnesses 
to support his claim and then the defendant witnesses to 



254 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

Uphold )iis side. Then the judge instructs the jury as to 
what is the law governing the point at issue, the lawyers make 
arguments for their respective clients, the jury retire and 
make up their verdict, and this is formally entered in the 
records of the court, and is made the basis of the judgment, 
which is the final determination of the rights of the parties 
to the action. After this is entered on the records of the 
court, an execution, or written order, is issued, directed to 
the sheriff commanding him to find, if possible, enough of 
the property of the losing party to pay the judgment. The 
sheriff" seizes such property, if it is such as can be seized for 
debt, sells it at public auction, and turns the proceeds over to 
the party who was successful at the trial. If it is an equity 
cause the proceedings are exactly the same, except the cause 
is submitted to the judge alone, instead of to the jury. 

255. A Criminal Trial. — In a criminal case the plain- 
tiff" is the State and its lawyer is the prosecuting attorney. 
The first paper filed in such a case is an indictment presented 
by the grand jury, or an information filed by the prosecuting 
attorney. When either is filed, the clerk issues a summons to 
the sheriff to arrest the accused, unless he has previously been 
arrested. If this is, or has been done, the prisoner is brought 
into court, a jury sworn to try the cause, the indictment read, 
witnesses are introduced by the prosecuting attorney to show 
that the indictment is true, and by the defendant's attorney to 
show that it is not true ; the court instructs the jury, the lawyers 
make their arguments, and the jury retire and either find the 
defendant "not guilty"' or "guilty" and assess his punishment. 
If the verdict is "guilty" he is sentenced by the judge, and 
the sheriff takes him in custody and sees that the sentence of 
the court is carried out. 



THE COURTS. 255 

In the United States courts the jur}- do not fix the punish- 
ment of persons they find guilty of crimes, but that is done 
by the judge. But in the State courts of Missouri, and of 
most States, the jury fix the punishment, except when they 
find the defendant guilty of murder in the first degree. Then, 
they simply state in their verdict that they find him guilty of 
that grade of murder, and the judge is by law compelled to 
sentence him to be hanged. 

256. Instructions to the jury in State courts are al- 
ways written. In criminal cases tried in the United States 
courts they are given to them by the judge in an oral charge. 
In either case, they embrace the law by which the jury are to 
be guided in making up their verdict. It is the province of 
the judge to tell the jury what is the law applicable to the 
case, and every juror must take an oath before he is permitted 
to become a juror, that he will decide the case according to 
the law as thus declared to him in the instructions. He can- 
not be true to his oath and do otherwise. The court tells the 
jury that, if they find from- the evidence certain facts to 
exist, their verdict must be for plaintiff, and if they find from 
the evidence certain other facts to be true, their verdict must 
be for defendant. In so charging the jury the court neces- 
sarily tells them what is the law by which they are to be 
guided. This is the rule in all cases tried in the circuit or 
criminal courts ; but in the courts of justices of the peace, 
there are no instructions, and the jury there must ascertain 
for themselves what is the law applicable to the case, and this is 
usually read to them from law books. 

257. Appeals. — The decision reached in a trial court 
is called a judgment. That judgment, if not appealed from, 
is binding on the whole world and can never be set aside unless 



256 CIVIL GOVERNMENT OF THE STATE OF MISSOLTRI. 

fraud was committed in the very act of procuring it. It is the 
end of the suit. But all cases tried in the circuit court or 
criminal court may be appealed. If the case involves a mis- 
demeanor or an amount of money less than $4,500, the appeal 
is to the Kansas City Court of Appeals or to the St. Louis 
(Zourt of Appeals. If the case involves a felony, or title to 
land, or an amount of money larger than $4,500, or a con- 
struction of the Constitution or of the revenue laws, or title to 
ofifice, or if a county is a party to the suit, the appeal is to 
the Supreme Court. 

258. The Courts of Appeals. — These are the St. Louis 
Court of Appeals and the Kansas City Court of Appeals. In 
late years so many cases were appealed to the Supreme Court 
that its work became more than it could perform. These courts. 
therefore, were established to finally decide less important cases 
on appeal. Each has three judges who hold office for a term 
of twelve years. Each judge of the Kansas City court receives 
from the State a salary of $3,500 per year, while each judg'e 
of the St. Louis court receives $5,500. The two courts together 
embrace the whole State. Decisions by these courts must con- 
form to prior decisions on the same subject by the Supreme 
Court. 

259. The Supreme Court.— This is the highest State 
court in Missouri. It is composed of seven judges, each of 
whom is elected for ten years, and each receives an annual 
salary of $4,500. For the purpose of convenience and more 
expeditious work, the court is at present divided into two 
divisions. Division One and Division Two. Division One has 
four judges, and considers only civil and equity cases; Division 
Two has three judges and reviews all kinds of cases, but espe- 
cially criminal cases. If the judges of either division disagree, 



Tiii<: COURTS. 257 

llic case may be sent to the Court in IJanc, which consists of 
all the judi^es. The Supreme Court exercises a general super- 
intending control over all the other courts of the State. 

260. Appellate Practice. — The courts mentioned in 
the last two sections are appellate courts ; they are not trial 
courts at all. The}- have no juries and they hear no witnesses. 
They will not interfere with the province of a jury ; but their 
duty is to decide whether or not the case was properly sub- 
mitted to the jury, or whether or not it should have been 
submitted to a jury at all. When a case is taken to one of 
them by appeal, a copy of the petition, answer, evidence, in- 
structions, verdict and judgment is laid before it, and it reviews 
them, and if it finds that the case has been properly tried it 
affirms the judgment, and then that judgment is final and 
binding on every one, or if it finds that error has been com- 
mitted it points out that error and remands the cause to be 
tried over according to its directions, or if it finds the case 
has no merit and ought never to have been brought it reverses 
the judgment and dismisses the case, and that, too, is the end 
of it. 

261. The Reports. — The written opinions of the Su- 
preme Court are preserved and printed in a series of books 
called the Missouri Reports. Like publication is made of the 
opinions of the courts of appeals in a series of volumes called 
the Missouri Appeal Reports. This has been the case ever 
since these courts were established, and all the opinions thus 
published now make u]) about three hundred large volumes. 

262. Duty of Court With Respect to Lav/s.— The 
courts cannot make laws ; it is not for them to say what the 
law should be. That is the duty of legislative bodies. How^- 

17 



258 CI\'IL GOVERNMl-NT OF 'ITir: STATl' OF MJSSOUKI. 

ever wrong- the conduct of the accused may be the courts will 
not permit him to be punished unless that conduct is in clear 
violation of some valid law enacted by the legislative body. 
Nor will the courts permit him to be punished if the law is 
one which the legislative body had no power to enact. For 
instance, if a city council should authorize the mayor to try 
persons for murder the courts would not permit the mayor to 
try a murder case, for the city council, so long as- our present 
Constitution remains unchanged, has not been given the power 
to confer such authority upon the mayor. The courts in this 
way are a great check on city councils and the General Assem- 
bly. They cause them to confine themselves to their own 
legitimate work. They cause them to be cautious lest they 
heedlessly enact high-handed laws. And by refusing to make 
laws themselves they force upon legislative bodies the duty of 
assuming their own responsibility of making laws for repress- 
ing public wrong. 

It is the duty of the courts to say what the law Is ; not 
wdiat it ought to be. And it is also their duty to enforce the 
law in individual cases. 

263. Enforcement of the Law.— The duty of cnforcimr 
the laws is ordinarily devolved almost entirely upon the courts. 
Without our courts many laws passed by the Legislature would 
be always idle and useless; they would be no more than so 
much printed paper. But the courts enforce the laws by apply- 
ing them to individual cases. The judge does not begin prose- 
cutions, nor does he begin any kind of suits. His duty is to 
charge the grand jury to make inquiry as to the violators of 
the laws and to indict those who have committed crimes. He 
cannot charge the prosecuting attorney to do that, but wlicn- 
ever he thinks that officer is not doing his duty in beginning 



THE COURTS. 259 

prosecutions against violators of the law, he can sunmron a 
grand jury and charge them to make investigations, and if the 
evidence shows that a certain person has committed a certain 
crime to indict him, and if an indictment is returned and the 
accused is brought into the court, the prosecuting attorney 
must proceed to try the case or dismiss it. And if the prop- 
erty of a private person is being withheld from him by an- 
other, that person may come into court on a written petition 
and ask the court to compel that other to yield up to him his 
own, and then the court will determine the rights of each in 
relation to that specific property, and enforce those rights by 
directing the sherifif what to do. Thus, the laws are enforced 
by applying them in individual cases, just as the rules of your 
school are enforced by punishing individual violators. 

264. Efficiency of the Courts. — But wdiether or not 
the laws will be properly enforced in all cases depends on the 
character and ability of the judge, and of the sherifif, and of 
the prosecuting attorney in criminal cases, and on the truth- 
fulness of witnesses, and the fairness and integrity of juries. 
The people should choose men of solid character and proper 
ability to be judge, sheriff and prosecuting attorney, but those 
oft'icers however capable and however hard they may try, can- 
not prevent a "failure of justice" if witnesses testify falsely or 
jurors fail to obey the instructions of the court. Truthfulness 
is the foundation of justice. 

265. The Morals of the Community. — Whenever the 
people cease to be truthful the courts will break down. When- 
ever it becomes the rule that witnesses "bear false witness'' 
and jurors become corrupt, the courts will become a farce, and 
government a failure. So after all whether or not a citizen's 
property, life and liberty will be protected, in a large measure 



260 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

depends on the truthfulness of witnesses and the honest char- 
acter of jurors. And whether or not witnesses will tell the 
truth, and jurors be true to their oaths and intelligent and just 
in their verdicts, depend in large measure upon the moral 
character of the people, the kind and extent of the education 
they receive and their regard for the authority of law. It 
comes about, then, that every man who is trying to be truthful 
and honest, and every teacher who is inspiring his pupils with 
a love for the truth and for intelligence, and every parent 
who is teaching his children to be obedient, truthful, honest and 
industrious, is a help to the court in the administration of 
justice. Not only that, but he is adding to the value of every 
piece of property in his county and making his community a 
more desirable one in which to live. The just enforcement of 
the law against crime causes you to feel secure in your person 
and to feel that you can enjoy your property in peace and 
safety, and consequently that property becomes more valuable 
to you. If the courts afford you a sure method of recovering 
from your neighbor property or money that rightfully belongs 
to you, then your propert}' becomes more valuable to you ; and 
if the same sure method is guaranteed to every one in the 
community then the value of all property is enhanced, for 
every one will feel that the community is bent on seeing that 
he enjoys in peace what belongs to him. But the courts can- 
not aft'ord this sure method unless men have the moral courage 
to tell the truth when they go on the witness stand, and jurors 
the moral courage to be just when they come to make up their 
verdict. 

266. Perjury. — But in spite of all parents can do, and 
schools can do, and moral instruction of every kind can do, 
there are some men so low in moral character that thev will 



TIIK COURTS. 261 

take an oath to tell ''the whole truth and nothing but the 
truth" and then go on the witness stand and swear falsely. 
Corrupt and false swearing is perjury, and the law provides 
that any one convicted of perjury may be imprisoned in the 
penitentiary, and that any person who procures or induces him 
to commit i)erjury may be punished in the same way. 

267. Ignorance of the Law. — Ignorance does not ex- 
cuse the criminal. Ignorance of what the law is does not 
excuse the violation of law. If one is brought into court 
charged with the violation of a law he cannot plead that he 
did not know that the act he was doing was forbidden by the 
law. 

This rule rarely works an injustice. It is a rare thing 
that one commits a crime without knowing it to be such. What 
the law says is a crime is in nearly every case the doing of 
something that all men know to be wrong. However little 
one may have read the laws of the land, yet if he does' only 
what he knows to be right, what he does will rarely be in 
violation of law. The law is founded on good morals, and the 
churches, the schools, the home, and all good men generally 
teach good morals. Good morals require one to be honest in 
his business dealings, and not to cheat or defraud or take from 
another what rightly belongs to him, and hence, we may say, 
the man who is always honest will never commit a theft. And 
so it is with all other conduct; the boy who starts out in life 
with an honest purpose to always do right and remains true 
to that purpose will never commit a crime, however ignorant 
he may be of what is written in the law. 

Besides, ignorance itself is often a moral wrong. The 
man who has a good opportunity to learn and will not do so 
commits a wrong against himself and against society. Schools 



262 CIVIL COVERNIMENT OF THE STATE OF MISSOURI. 

are now established within the neighborhood of every child, 
and every child ought to be given some education unless pre- 
vented by sickness or poverty or some other unavoidable hind- 
rance. 

Nor is there any good reason why any person should re- 
main ignorant of what is written in the law. If he has any 
doubt about it let him consult a lawyer, or let him get the 
statutes and read them. There are lawyers in every county, 
and printed volumes of the statutes can be found with every 
justice of the peace, and in every court house, or if the law^s 
are city ordinances they can be found with the police judge, or 
mayor, or city clerk. And books containing these printed laws 
can always be bought by any citizen. 

Questions on Chapter V. 

1. What is the judicial department? (242) 

2. What are the courts of this State? (242) 

3. Why have these courts been established? (242) 

4. How are laws divided? (243) 

5. How is Civil Law divided? (243) 

6. What does Common Law concern? (243) 

7. Whence is it derived? (243) 

8. Where is it found? (243) 

9. What is Statutory Law? (243) 

10. Does it ever supplant the Common Law? '(243) 

11. Until thus supplanted is the Common Law in force? (243) 

12. Who take part in enforcing the Common Law and Stat- 
utory Law? (243) 

13. Why was Equity Law created? (243) 

14. By whom are equity cases tried? (243) 

15. To what does Criminal Law relate? (243) 

16. How are crimes divided? (243) 

17. What is a misdemeanor? (243) 

18. How is a misdemeanor tried? (243) 

19. What is a felony? (243) 

20. How is it tried? (243) 



THK COURTS. 263 

21. What is said of justices of the peace? (244) 

22. How may arrests be made? (244) 

23. Out of what courts do warrauts issue? (244) 

24. Out of what courts do they usually issue? (244) 

25. When may the justice issue such warrants? (244) 

26. By whom may the complaint be made? (244) 

27. Where will the accused be tried? (244) 

28. What civil suits may be tried in a justice's court? (244) 

29. Where may prosecutions in misdemeanor cases be begun? 
(244) 

30. Can a justice try an equity case? (244) 

31. How many men constitute a jury in a magistrate's court? 
(244) 

2,2. What is the finding of the jury called? (244) 
2,Z- How many jurors may make a verdict? (244) 

34. When and how may there be an appeal in a civil case? In 
a criminal case? (244) 

35. How is the justice paid? (244) 

36. What is the constable? (245) 
2,7. What are his duties? (245) 

38. With what business is the probate court concerned? (246) 
30. What must be done when one dies? (246) 

40. What property may be used for that purpose? (246) 

41. If the person has left no will who takes charge of his 
estate? (246) 

42. If he has left a will, who does? (246) 

43. Can the will deprive the widow of her dower or home- 
stead? (246) 

44. Can the deceased defeat the pa3nnent of his debts by his 

will? (246) 

45. When the estate is finally administered, what is done with 
the balance? (246) 

46. What are the circuit courts? (247) 

47. What kind of cases may be tried in them? (247) 

48. How many circuits and how many judges in each? (247") 

49. What are criminal courts? (248) 

50. Wdiat arc the qualifications and salary of a circuit judger 
(249) 

51. What assistants has he? (250) 



>64 CIVIL r.OX'RRXMEXT OF THE STATE OF MISSOURI. 

52. Tell how the grand jury is constituted and what are its 
duties. (251) 

53. What change in the ])rosecution of felons was wrought b} 
the amendment of 1900? (251) 

54. What is the petit jury? (252) 

55. How are the jurc^rs and ])anel chosen? (252) 

56. How i.s ihe panel made up in case the accused may be 
punished with death or life imprisonment? (252) 

57. How many jurors can make a verdict in a civil case?" Tn 
a felony case? (252) 

58. What is said of trial by jury? (233) 

59. What are the parties to a suit styled? (254) 

60. Name the vari(ms steps of a civil trial. (254) 

61. Tn a criminal trial? (255) 

62. Who fixes the punishment in a criminal trial? (255) 

63. How are instructions given? (256) 

64. What do they embrace? (256) 

65. What is a judgment? (257) 

66. How far binding is it? (257) 

67. What cases may be appealed to a court of appeals? (257) 

68. What to the Supreme Court? (257) 

69. Tell about the courts of appeals. (258) 

70. What is said about the Supreme Court? (259) 

71. How is a case laid before an appellate court? (260) 

72. When will it afifirm the judgment? (260) 

73. When will it remand the cause? (260) 

74. When will it reverse the judgment? (260) 

75. What are the Reports? (261) 

76. Who makes the laws? (262) 

77. Must the accused violate valid law before he can be pun- 
ished? (263) 

78. Upon whom does the enforcement of the law devolve? 
(263) 

79. How does it enforce them? (263) 

80. Upon what does the enforcement of law depend? (261) 

81. Can they always prevent a failure of justice? (264) 

82. What is the foundation of justice? (264) 

83. When will the courts break down and government become 
a failure? (265) 



COUNTIES. 26 



84. Upon what do the truthfulness of witnesses and the 
honesty of jurors depend? (265) 

85. What is perjury? (266) 

86. Does ignorance of the law excuse crime? (267) 

87. Is that a harsh rule? Why? (267) 



CHAPTER VI. 

COUNTIES. 

268. Relations to the State. — The cotmty is a political 
subdivision of the State. There are one htindrecl and fourteen 
counties and the city of St. Louis in Missouri. Each county 
has certain officers elected by the people. They are the county 
clerk, sheriff*, circuit clerk, three judges of the county court, 
probate judge, recorder of deeds, prosecuting attorney, treas- 
urer, collector, assessor, surveyor, public administrator and 
coroner. 

269. Boundaries. — Each county in the State was or- 
ganized by the Legislature, which fixed its boundaries. These 
boundaries can not be changed except by the Legislature. 

270. County Seat. — The county seat is the seat of the 
county government. It is usually where the court house is. 
It can be changed only by a vote of the people of the county. 
In the court house are kept all the county records, and the 
county officers have offices there, and sessions of the circuit 
court and of the county court are held therein. 

271. The County Court. — The county court consists 
of three off'icers, called county judges. One of these is elected 
from the whole county for four years and is called the, pre- 



266 CI\'IL GOVERNMENT OF THE STATE OF MISSOURI. 

siding judge. The other two are elected for two years each, 
one from one half of the county and the other from the other 
half. This court meets in regular session every three months 
and sometimes in special session once a month, and is charged 
with levying taxes upon the inhabitants of the county to pay 
the expenses of the county government. This money is needed 
for paying the salaries of county ofificers and the fees of jurors ; 
for building bridges and working roads ; for caring for paupers 
and indigent insane persons ; for paying the county's debts and 
the expenses of elections ; for prosecuting criminals and main- 
taining the authority of government. It is also charged wdth 
seeing that these taxes are properly collected, and safely ke])t, 
and disbursed as the law requires. 

If any person has a claim against the county he presents 
it to this court for allowance, and if it is allowed by the court 
the county clerk is directed to issue a warrant for the amount, 
which, when signed by the presiding judge and the clerk, mav 
be paid by the treasurer. No money can be expended by the 
county for any purpose except by the direction of this court, 
nor can the court direct its payment for any purpose not speci- 
fied by law. 

The court also appoints all judges and clerks of elections 
in each county and establishes voting places, and may aid th.e 
countv clerk in counting' the votes cast for each candidate. 

It exercises a supervising control over all county of- 
ficers, and is charged with seeing that they do not appropriate 
funds Ijelonging to the county. It also establishes new roads, 
and in doing that it is a judicial body, but in almost all other 
matters is a part of the executive department of government, 
established for the purpose of managing the business of the 
countv. 



COUNTIES. 267 

272. County Clerk. — The county clerk records in 
proper books the cloin^^-s of the county court. He apportions 
to each tax-payer of the county, according- to the assessments 
niiide by the assessor and board of equahzation and to the 
levy made by the county court, the amount of state and county 
and school taxes to be paid by such tax-payer, and he also 
ap]Dortions to each school district the amount of county school 
funds to which it is entitled for conducting its schools. His 
books are, therefore, a check on the county collector and on 
the county treasurer. He counts the votes cast at all elec- 
tions in the county, in the presence of two justices of the 
]:>eace or two judges of the county court, and gives a certifi- 
cate of election to the candidate for county ofit'ice who has 
received the highest number of votes, and certifies to the Sec- 
retary of State the number of votes cast in his county for 
candidates for Presidential electors, the various state officers 
and Representatives in Congress. 

273. County Collector. — After the county clerk has 
apportioned to each tax-payer the amount of taxes due from 
him, for state, county and school purpo'ses, and made proper 
entry thereof in the tax-book, he turns that book over to the 
county collector, who proceeds to collect the taxes. All taxes 
are payable at any time between September and the last day 
of December, and become delinquent on the first day of Jan- 
uar}-, and after that a penalty of one per cent per month on 
the amount due is added for failure to pay in proper time. If 
the taxes are not paid before the first day of January, the col- 
lector may seize and sell the tax-payer's personal property, or 
he mav bring suit therefor at any time within five years after 
they first become delinquent. 

In counties having township organization the taxes are 



268 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

collected by township collectors, there being one in each 
municipal township. The tax books are prepared for them 
by the county clerk. 

274. County Treasurer. — The county collector remits 
to the- State Treasurer the state taxes collected by him, and the 
balance he turns over to the county treasurer, and the treas- 
urer pays out the county revenue on warrants issued by the 
county court, and the school moneys on warrants issued by 
the proper school board. The county treasurer is required 
to give a large bond for the faithful keeping of the money 
thus entrusted to him. The moneys are not permitted to lie 
idle in his hands, but are deposited in certain banks called 
county depositories, v/hich pay the county a small rate of 
interest for the use of the moneys. 

In counties having township organization the county treas- 
urer is also cs officio county collector, and the taxes collected 
for county and state purposes are turned over to him by the 
township collectors, and then this ex officio collector sends 
the State's share to the State Treasurer. But the school taxes 
are turned over to the township treasurer, who pays them out 
on warrants drawn by the proper school boards of the town- 
ship ; and the township revenues, to be used for working 
roads, constructing small bridges, etc., are paid out by the 
township treasurer on warrants drawn by the township board. 

The county treasurer and the county collector (and the 
township collectors) are required to make annual settlements 
with the county court, which goes carefully over their books, 
adds up the warrants paid and counts the cash on hand, to see 
that they have faithfully applied all the moneys received bv 
them as the law directs. 



COUNTIES. 



269 



275. The Assessor.— The assessor vahies the lands and 
other property in the county for pnr])oses of taxation. He 
visits each property-owner in the county and requires him to 
give him under oath an itemized statement of all his prop- 
erties, and then lists those properties in a book perpared for 
the purpose, called the assessment book, and places a value on 
each piece of property so listed, and makes a return of his 
work to the county clerk. If the property owner refuses to 
give him a list of his property he makes the assessment as best 
he can from any other information he may obtain, and the 
value he fixes upon it is doubled; and if the property-owner 
makes a false list and that fact is shown, his taxes are trebled. 
If he refuse to make oath to his list, he is subject to a fine of 
not to exceed one thousand dollars, and if he maks a false 
oath he is liable as for perjury. 

When the assessor has completed the assessment made 
by him, the county board of equalization, which is composed 
of the three judges of tlie county court, the assessor and the 
county surveyor, meets and hears complaints from property- 
owners about the valuation placed upon their property by the 
assessor, and diminishes or increases his valuation as to the 
members of the board may seem just, and otherwise equalizes 
his valuations. And if the State Board of Equalization at its 
meetings a month or two later increases or diminishes the 
valuation of properties in the county, the county board meets 
and to the same extent increases or diminishes the valuation of 
each piece of property in the county. 

The valuation of each piece of property in the county 
being thus fixed, the county court fixes the rate of taxation 
for State and county purposes, and makes a levy of that rate 
against all the property in the county, and directs the countv 



270 CIVIL GO\'ERNMENT OF THE STATE OF MISSOURI. 

clerk to calculate the amount of taxes each tax-payer is to 
pay, and the clerk makes such calculation, enters the amount 
in a tax book, and turns that book over to the collector, who 
proceeds to collect the taxes. 

Thus, if the county court is of the opinion that a tax rate 
of 40 cents on the hundred dollars valuation will afford the 
county enough revenue for meeting its current expenses for 
the next year, it makes a levy of forty cents. Then if your 
land has been valued at $600, and your personal property at 
$400, the county clerk lists your name and your land in the 
"Real Estate Book" and writes opposite thereto the valuation 
placed on the land, and the rate of taxation for county pur- 
poses (40 cents) and charges your land with $2.40 county 
taxes, and also affixes the rate of taxation for state purposes 
as fixed by law (say 18 cents) and charges the land with 
$1.08 state taxes, and then the rate of taxation for school 
purposes as fixed by the voters or school board of the district 
in which the land lies (say 45 cents) and charges the land 
v/ith $2.70 school taxes. In another book called the "Personal 
Assessment Book," he enters your name and the valuation 
fixed on your personal property ($400) and then opposite 
thereto he enters the rate of taxation for county purposes (40 
cents) and charges you with $1.60 county taxes, and the rate, 
of taxation for state purposes as fixed by law (say 18 cents') 
and charges you with ^2 cents state taxes, and the rate of 
taxation for school purposes as fixed by the voters or school 
board of the district in which you live (say 45 cents) and 
charges you with Si. 80 school taxes. These books are then 
turned over to the collector, and he makes out one tax bill in 
which he incorporates all the taxes due from one tax-payer, 
and proceeds to collect that bill. 



COUNTIKS. 271 

The above illustration does not include all the taxes you 
may have to ])ay. It includes onl\- the taxes for state pur- 
poses, for current county expenses, and ordinary school taxes. 
The county may be indebted for a court house or jail, and if 
so the county court must annually add to the rate levied bv 
it for current expenses such a tax as will ])roduce enough 
money to pay the interest and one-twentieth of that debt. The 
county court may also, in obedience to the vote of the people, 
have organized special road districts for the. improvement of 
their public roads, and for that purpose it may levy a further 
additional tax of from five to twenty cents on the hundred 
dollars valuation of all property in the district. And a school 
district may be indebted for a school house ; if so, there nuist 
be levied by the school board and charged by the county clerk 
to the property-liolders therein, in addition to the tax for pay- 
ing teachers and paying incidental expenses, a tax sufficient 
to pay the interest on the debt and a part of the principal each 
year. 

Neither does this illustration include cit}- taxes levied 
for maintaining city government, which will be discussed else- 
wdiere. 

Railroads, street railways, telegraph and telephone lines 
are assessed by the State IJoard of Equalization, and then the 
portion thereof lying in any county and in any town or town- 
ship therein and the valuation thereof are certified to the 
county court, which levies the same rate of taxes against them 
as against other properties in the county. 

Real estate is assessed every tw^o years ; personal property 
every year. And the property assessed is the property which 
the tax-payer had on hand the first day of June. 



2^2 cix'iL (;()\i:kxmi:xt of the state of Missouri. 

276. The Circuit Clerk is the clerk for the circuit 
court. He issues summonses, subpoenas for witnesses, and 
warrants for the arrest of persons charged with crime, and 
keeps in suitable books a record of the doings of the court. 
He administers oaths to grand juries and petit juries and swears 
witnesses. In some counties he is also ex officio recorder. 

277. The Sheriff is the executive officer of the county 
court, circuit court and probate court. He subpoenas wit- 
nesses, serves summonses, makes arrests and carries out the 
orders of the courts. He is the chief peace officer of tlte 
county,, and, in order to preserve the peace against any general 
and sudden defiance of law, can command every able-bodied 
man in the county to assist him. This is called posse coiiiifatus, 
which means "the power of the county." In some counties 
he is c.v officio collector, also. 

278. The Prosecuting Attorney is the legal adviser 
of the county court and of all county officers. His chief duty 
consists in prosecuting men who have been indicted or arrested 
for crime. In most counties he also represents the county in 
all suits brought by or against it, but in a few of large popula- 
tion there is a county counsellor to attend to the civil business 
of the county. 

279. The Recorder of Deeds copies in large volumes 
all deeds conveying land in his county, all wills devising lands, 
all mortgages and deeds of trust, and all chattel mortgages. 
These records are open to the inspection of all persons. It is 
through these records that the titles to lands are traced and 
the owners thereof ascertained. 

280. The Surveyor lays out such new roads as the 
county court may direct to be opened. He also fixes the 



COUNTIES. 273 

boundary lines of the land of private citizens when request- 
ed to do so. He is usually the bridge commisssioner of the 
county and as such superintends the construction of larger 
public bridges. 

281. The Public Administrator. — When one dies, let- 
ters of administration are granted to the husband 'or wife, if 
there be such, or, if not, to those entitled to a distributive share 
of the estate or one or more of them, if they are residents of 
the State. But sometimes it happens that one dies without 
any relatives, or such relatives are residents of other States, 
or are minors, or are not able to make the necessary bond. 
In such case the probate court may appoint any suitable per- 
son administrator ; or the public administrator, w- ho has been 
elected by the people, comes forward and takes charge of the 
estate, and proceeds to administer it, under the direction oi the 
court. 

282. The Coroner.— It is the duty of this officer to 
examine into the cause of any sudden or suspicious death 
or killing in his county, and if necessary require the arrest 
of any person suspected of causing such death. He may be 
aided by a jury of six men. 

283. Compensation of Officers. — The pay of all countv 
oft'icers is regulated by law. In most cases the amount is 
dependent upon the amount of business pertaining to the 
office or the number of inhabitants in the county. Most of 
them are permitted to charge fees for each duty performed, 
and the total amount or part of the fees for the year con- 
stitute their remuneration. In some counties these fees 
amount to but little, in others to a very large sum ; but in 

18 



274 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

most of them the average compensation of the better offices 
is about $1,200 or $1,500 per year, besides the deputy hire. 
But prosecuting attorneys and treasurers are allowed a small 
salary in addition to their fees. The pay of a county judge 
is $5 per day while attending the sessions of his court, and 
mileage. 

284. Townships. — Each county is divided into munici- 
pal townships, whose size and boundaries are made to suit 
the convenience of the inhabitants. These townships are given 
names just as the counties are, such as Richmond, Sugar 
Creek or Happy Hollow. In each township there is an elec- 
tion precinct or voting place, and sometimes more than one. 

285. Township Organization. — In seventeen counties 
in ^Missouri there is what is known as township organiza- 
tion. Under such a system the officers of a township are in- 
creased and those of the county decreased. Each township 
then has a Township Board, consisting of a president, clerk, 
treasurer and two other members, whose duty it is to open 
up new roads, pay overseers for working the same and author- 
ize the building of small bridges. Instead of a county as- 
sessor, the property is assessed by the township clerk, and 
instead of a county collector there is a collector for each 
township, and there is also a township trustee or treasurer 
in addition to the county treasurer. The only merit of town- 
ship organization is that it affords a little more convenient 
arrangement to the tax-payer for the payment of his taxes. 

286. Rate of Taxation. — The Constitution fixes a 
maximum rate of taxation for county and township purposes. 
If the property in a county is assessed at less than six million 
dollars the rate can not exceed fifty cents on the hundred dol- 
lars valuation. Where the valuation is between six and ten 



COUNTIES. 275 

million dollars, the rate cannot exceed forty cents 'on the 
hundred dollars. If the valuation is over ten millions and 
less than thirty million dollars, the highest rate permissible is 
fifty cents on the hundred dollars; in counties having thirty 
millions or more, the rate for these purposes can not exceed 
thirty-five cents on the hundred dollars valuation. These are 
the rates for ordinary current expenses of the county and the 
townships therein. 

In addition to these rates the county court ('or the town- 
ship boards in counties having township organization) may 
levy a tax of 15 cents on the hundred dollars valuation to be 
used for the improvement of roads and bridges, and the taxes 
collected for these purposes can be used for no other. The 
court can also levy a poll tax of from $1.50 to $3 on all able- 
bodied men in each road district, and that tax they may pay by 
work on the road or in money. 

Besides the taxes for current expenses and roads, the 
court must levy a tax sufficient to pay the interest 'on any debt 
the county may owe, and to pay the debt itself within twenty 
years. No debts can be made by counties except for public 
buildings (court houses, jails, or sanitariums for feeble-minded 
or poor persons), nor can the indebtedness of a county ex- 
ceed five per cent of the assessed valuation of all property in 
the county. 

Questions on Chapter VI. 

1. What is a county? (268) 

2. What officers has it? (268) 

3. How were counties organized? (269) 

4. What is the county seat? (270) 

5. How is the county court composed? (271) 

6. What is it charged with doing? (271) 



276 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

7. For what is money raised by taxation used? (271) 

8. What else is it charged with? (271) 

9. How are county claims paid? (271) 

10. Can county money be expended at the will of officers? 
(271) 

11. What has the court to do with elections? (271) 

12. What other duties does it perform? (271) 

13. What are the duties of the county clerk? (272) 

14. What are his duties in reference to elections? (272 ) 

15. How are taxes collected? (273) 

16. What are done with the taxes after they are collected? 
(274) 

17. How are they paid out? (274) 

18. How are they paid out in counties having township organ- 
ization? (274) 

19. What about settlements of these officers? (274) 

20. What are the duties of the assessor? (275) 

21. Tell how he does this. (2/^) 

22. What if the owner refuses to list his property? (275) 

23. Suppose he makes a false list? (275) 

24. Suppose he refuses to make oath to his list? (275) 

25. When the assessor has completed his assessment, what is 
done? (275) 

26. Suppose the state board changes the valuation of the 
county board? (275) 

2"/. What does the count}- court then do? (275) 

28. What must the clerk then do? (275) 

29. How are railroads, etc., assessed? (275) 

30. How often is property assessed? (275) 

31. What are the duties of the circuit clerk? (276) 

32. What is the sheriff and what does he do? (277) 
.33. WHiat is said of the prosecuting attorney? (278) 

34. What are the duties of the recorder of deeds? (279) 

35. And of the surveyor? (280) 

36. To whom are letters of administration granted? (281) 

37. If there are no such relatives, who administers the estate? 
(281) 

38. What are the duties of the coroner? (282) 

39. How are county officers paid? (283) 

.40. What is said of municipal townships? (284) 



COUNTIES. 277 

41. What is said of township organization? (285) 

42. What is the maximum rate of taxation for county current 
expenses? (286) 

43. What is the rate in your county? 

44. What additional rates may be fixed for roads? (286) 

45. Can the court levy other taxes to pay debts? (286) 

46. For ^vhat purpose may a county make a debt? (286) 

47. What can the debt not exceed? (286) 



CHAPTER VII. 

CITIES, TOWNS AND VILLAGES. 

287. Powers, How Defined. — In furtherance of the 
principle of local government the Constitution of the State has 
given to cities and towns the right to organize for the con- 
trol of their affairs. Their governments are chiefly execu- 
tive, but they also have minor judicial and legislative powers. 
But just as the Legislature's powers are limited by the Con- 
stitution, so are the powers of city government limited by 
the statutes enacted by the Legislature. A city or town can 
legally exercise no power except such as is given it by the 
General Assembly. It must not be forgotten, however, that 
county and state authority extends over cities and towns just 
as much as over any rural district. The township in which 
the city is, has the same officers as any other township, such 
as justices of the peace and constable. But in addition to 
these, the city has certain other officers. These are mayor, 
board of aldermen, clerk, collector, treasurer, assessor, police 
judge and marshal, and yet other officers for the larger cities. 

288. Necessity for City Government. — It is necessarv 
to have local officers to look after the affairs of a tovv^n. 



2^% CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

Wherever men congregate there is danger of disorder. Po- 
licemen and marshals are needed to see that the little jarrings 
that come from rivals in business do not lead to infractions of 
the law, and to quickly suppress the vicious and lawlesss per- 
sons that often gather about towns. Besides, streets, side- 
v/alks, and sewers must be constructed, lights and water pro- 
vided, nuisances abated and fires prevented. The county 
court can provide for none of these things. ' It is, therefore, 
to promote the general welfare of the people that city govern- 
ment is established. 

289. Incorporation. — Before the adoption of the pres- 
ent Constitution the inhabitants of a particular town, desir- 
ing to organize as a city, applied to the Legislature for a 
special charter defining the powers of the city and describing 
its territorial boundaries. And as the Constitution prohibits 
the passage of any law that violates vested rights, either of a 
private citizen or of any corporation, some cities yet have these 
special charters. They cannot be taken from them, but may 
voluntarily be surrendered by a majority of the voters, and 
the city reorganized under the general statute, and that in all 
cases except four or five has been done. 

But a city cannot be incorporated by a special charter 
from the Legislature under the present Constitution. That 
instrument directed the enactment of a general law under 
which cities should be classified and organized according to the 
number of their inhabitants. The same powers are given 
by the statute to each city of the same class, and that statute 
is its charter. The city can enact no ordinance nor exercise 
any authority except such as is expressly given it by its charter. 

Whenever an unorganized city or town wishes to incorpo- 
rate, a petition is signed by the majority of its taxable inhabi- 



CITIES, TOWNS AND VILLAGES. 279 

tants and presented to the county court. The court enters 
on its records an order declaring such a city incorporated, 
declaring its class, defining its boundaries, and designating 
its first set of officers, who hold oiTice until the time of the 
next regular election for all cities of its class, as fixed by law. 

290. How Governed. — Cities are governed by ordi- 
nances passed by the city council. These ordinances pre^ 
scribe the duties of each officer and undertake to punish only 
such crimes as may be classed as misdemeanors. But there 
are other ordinances defining the width oi the streets, direct- 
ing the making of sidewalks, defining the limits in which 
wooden houses may be constructed, and prescribing rules for 
the control of light plants and waterworks, sewers and street 
railways and the management of parks. 

291. Classes. — Cities in Missouri are divided into four 
classes, according to population. All cities having five hun- 
dred inhabitants and not more than three thousand, are cities of 
the fourth or lowest class ; those having three thousand inhabi- 
tants and less than thirty thousand, are cities of the third class ; 
those having thirty thousand inhabitants and less than one 
hundred thousand, are cities of the second class ; and those hav- 
ing one hundred thousand inhabitants or more, are cities of the 
first class. These classes differ in the powers delegated to 
each, the higher the class the greater its privileges. A city 
of one class having the requisite population may become one 
of a higher class when a majority of its legal voters ratify an 
ordinance making such change. 

All towns of less than five hundred inhabitants, not now 
incorporated, are declared tO' be villages. 

292. Cities of Fourth Class. — There are about two 
hundred cities in Missouri belonging to the fourth class. 



280 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

Each has the officers named in the first section of this chapter. 
The mayor is the chief executive officer. He exercises super- 
vision over all other officers, appoints its minor officers, and 
may with the board of aldermen remove from office any officer, 
for cause, after a hearing. An ordinance cannot become op- 
erative unless it receives his approval, but if vetoed by him it 
may be again passed by two-thirds of the members of the 
council, and it then becomes a law and can be enforced. 

These are the general powers of mayors in cities of every 
class. 

293. Board of Aldermen. — Each city of the fourth 
class is divided into not less than twO' wards, and from each 
ward the people elect two aldermen, and the whole number of 
such aldermen is called the board of aldermen. This board 
passes all the ordinances of the city, allows accounts against 
the city, requires a settlement from each officer, levies the 
taxes, contracts with companies to construct electric and gas 
light plants, or, when authorized by two-thirds of its voters, 
constructs such plants at the expense of the city, and other- 
wise controls the city's affairs. In cities of a higher class 
some of its duties are performed by an auditor, comptroller and 
board of public improvement. 

294. The Marshal is the chief police officer of cities 
of the fourth classs. It is his duty to preserve order on the 
streets and see that they are not obstructed, to make arrests, 
and watch the conduct of suspected persons. He can arrest 
any person he may observe violating the ordinances, and all 
other persons against whom a warrant has been issued. 

295. The Police Judge issues warrants for the arrest 
of persons charged with misdemeanors. When any person is 
brought before him by a marshal or a policeman, charged 



CITIES, TOWNS AND VILLAGES. 251 

with having violated a city ordinance, he may have a jury 
called to try him, or if a jury be waived the police judge alone 
may try him. A person convicted of crime he may commit to 
jail unless his fine is paid or an appeal is taken to the circuit 
or criminal court. 

Where the ordinances of a city have not created a police 
judge his duties are performed by the mayor. 

296. Duties of Other Officers. — The duties to be per- 
formed by a clerk, assessor, collecter and treasurer are similar 
to those required of the county officers of the same name, ex- 
cept that the clerk transcribes all ordinances into the general 
ordinance book. 

The term of all the officers of cities of the fourth class 
is two years, but one-half the aldermen are elected each year. 

297. Cities of the Third Class have a few more privi- 
leges than those of the fourth class. More policemen may be 
provided for and the city may build a hospital and construct 
a system of sewerage, and exercise other powers. Their affairs 
are regulated by a council composed of two councilmen from 
each ward, and the entire number of wards shall not be less 
than four. 

298. Cities of the Second Class have still greater privi- 
leges. They may make more rigid ordinances to prevent fires, 
may sell real property for taxes, may control the construction of 
street railways and may establish rigid sanitary regulations. 
Their legislative powers are vested in a coiiuuoii council, com- 
posed of one councilman from each ward and a president of the 
council who is elected from the city at large, all of whom are 
elected for a term of four years, one-half of those elected 
from the wards being chosen every two years, and the other 
half two vears later. 



282 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

299. Cities of the First Class. — The ordinances of a 
•city organized as a city of the first class are passed by a 
''municipal assembly" composed of two houses, the "council" 
and the "house of delegates.'' Tlie council consists of thir- 
teen members elected from the city at large for a term of four 
years, and the house of delegates has one member from each 
ward elected for a term of two years. In all cities of this 
class the law provides for a system of registration of voters, 
by which lists of voters by wards and precincts are made a few 
weeks in advance of an electioni, and then no person whose 
name is not found on such list can vote. This is done to pre- 
vent fraud on the ballot. 

300. Kansas City. — Under the Constitution a city 
having more than one hundred thousand inhabitants may 
frame a charter for itself and when this is adopted by four- 
sevenths 'of its qualified voters, it supersedes any existing 
charter, and may itself be amended at any subsequent time by 
an ordinance adopted by a vote of the people. But such charter 
must always be in harmony with and subject to the Constitu- 
tion and laws of Missouri. Under this provision and an en- 
abling act of the Legislature, Kansas City was organized with 
a new charter in 1887. There is a Common Council of two 
houses, called the Upper House and the Lower Llouse. The 
Upper House consists of as many members as there are wards, 
and they are elected by the voters of the city at large. The 
Lower House consists of 'one member from each ward elected 
by the people thereof. An ordinance to be in force in the city 
must be passed by each house and be approved by the mayor. 
The police department of the city is managed by a board of 
police commissioners, composed of the mayor, and two com- 
missioners appointed by the Governor. This board appoints 



CITIES, TOWNS AND VILLAGES. 283 

policemen and controls and regulates the duties and discipline 
of all peace officers 'of the city. 

301. City of St. Louis. — By the laws of Missouri the 
city of St. Louis was many years ago set oft* to herself, entirely 
free from the county in which situated. In other words, the 
city and county governments there are consolidated. There 
are no county oft'icers, but their usual duties are performed by 
officers of the city. There are circuit judges, criminal judges, 
police judges, justices of the peace, mayor, collector, auditor, 
recorder of deeds, sheriff" and other officers elected by the city 
and paid out of its treasury. The city also collects and turns 
over to the State its share of the State taxes just as does a 
county. But the police department is governed by a board of 
commissioners. Four commissioners are appointed by the 
Governor, and the mayor is ex oificio a commissioner. 

This arrangement for the city of St. Louis was made 
through what is know^n as its Scheme and Charter, provided for 
by the Constitution. The legislative powers of St. Louis are 
vested in the Municipal Assembly, composed of a Council and 
a House of Delegates. There are a great number of officers 
provided for a systematic government of its municipal affairs, 
and extensive powers are given for curtailing the liberties of 
the individual citizen, for the public good. 

302. Villages. — Provision is also made for any town 
of less than five hundred inhabitants to organize as a village. 
When a petition signed by two-thirds of its taxable inhabi- 
tants is presented to the county court, it can declare such vil- 
lage incorporated. The powers and duties of village govern- 
ment are vested in a board of five trustees and the first board 
is appointed by the county court. It passes ordinances pro- 
viding for police regulation of the tow^n and for the levying 



284 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

and collection of taxes ; and has power to appoint a treasurer^ 
assessor, collector and a constable or marshal. 

303. Elections. — The statutes of the State fix the time 
for elections in all cities in the State, except those organized 
under special charters. In cities of the second class these 
elections are held on the first Tuesday after the first Monday 
in April, and in all other cities on the first Tuesday of April. 
At least one precinct is established in each ward, and each 
voter must vote in the precinct to which he belongs. In the 
city of St. Louis some of the oft'icers are elected on the first 
Tuesday in April, and others at the regular November elec- 
tion. 

304. Extending City Limits. — A city of any class has 
the power to extend its limits indefinitely, and take within the 
corporation as much of the surrounding country as it desires,, 
except that one city cannot include another within its bound- 
aries unless the legal voters thereof consent. The extension is 
made by the mayor and council, but in cities of the third or 
fourth class they can do so only when a majority of the voters 
consent, but in cities of the first and second class the limits 
may be extended by the mayor and council alone without the 
consent of the voters. The inhabitants of the added territory 
have no voice in this extension, unless the new addition in- 
cludes a part of another incorporated town, in which case four- 
sevenths of the voters thereof must consent to be added to the 
other city before such extension can be made. 

305. City Assessors. — In each city of the first and 
second class there is an assessor who values and assesses all 
property within the city for purposes of city taxation. The 
process is very much the same as in the assessment of taxes 
for county purposes. The city assessor places a value on each 



CITIES, TOWNS AND VILLx\C.KS. 285 

piece of property and lists it in proper books, and these are 
turned over to the clerk, and he gives notice that any person 
dissatisfied may come before the board of appeals and' have the 
injustice corrected. Then the board of appeals, consisting of 
the mayor, the comptroller and one alderman, with the asses- 
sor, equalizes the valuations made by the assessor, and increases 
or diminishes them as may seem just, and then the council fixes 
the tax rate, and the city clerk "extends the taxes" or makes 
up the tax book, and turns it over to the collector, who pro- 
ceeds to collect the city taxes. 

In cities of the third class the city assessor and the county 
(or township) assessor make the assessment together, and 
then when the county board of equalization meets the mayor 
and city assessor meet with them and help adjust the valua- 
tions of all property within the city, and then the valuations 
as made by that board become the valuations of all property 
within the city for both county and city purposes. 

In cities of the fourth class there may or may not be a city 
assessor. If the city prefers it need not have such officer. If 
it docs not, the valuations as finally fixed by the county board 
of equalization become the valuations for city purposes. If 
the city have an assessor of its own, he and the county (or 
township) assessor assess the property together, and then the 
valuati'ons as fixed by the county board of equalization be- 
come those for the purposes of city taxation. 

306. Rate of Taxation. — In addition to taxes levied 
for the support of the county and state government and for 
public schools, the inh.abitants of a city must also pay taxes for 
maintaining the city government. In cities having less than 
one thousand inhabitants the rate of taxation cannot, for or- 
dinary city purposes, exceed twenty-five cents on the hundred 



286 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

dollars valuation ; in cities having between one thousand and 
ten thousand inhabitants the rate cannot exceed fifty cents on 
the hundred dollars ; in cities having ten thousand inhabitants 
and less than thirty thousand the rate cannot exceed sixty 
cents on the hundred dollars ; and in cities of more than thirty 
thousand inhabitants the rate cannot exceed one hundred cents 
on the hundred dollars valuation. 

This provision in the Constitution which fixes a maximum 
rate of taxation for city purposes is of the greatest importance. 
Perhaps there is not a county court or city council in the State 
which does not tax the people the highest rate permitted by 
law, and it was, therefore, a wise provision in the Constitu- 
tion which fixed a mark above wdiich taxation cannot rise. 

But to meet the cost of working the streets the cities are 
authorized to levy an annual poll tax of two or three dollars 
on all men between the ages of eighteen and fifty years. And 
besides, for meeting its other current expenses it has the power 
to charge a license tax on persons wishing to carry on cer- 
tain kinds of business, such as saloons, peddlers ana auc- 
tioneers. But a license is not really a tax ; it is a charge or 
fee for the privilege of doing business. 

These are the rates for ordinary current expenses. Those 
rates for those purposes cannot be exceeded in any case. But 
two-thirds of the voters of the city may authorize the city to 
incur a debt for the construction of waterworks, light plants, 
public buildings, public sewers and in some cases streets. But 
again the Constitution fixes a limit to the amount of debt a 
city may incur. It says that the amount of the city's entire 
indebtedness cannot exceed five per cent of the assessed valu- 
ation of all property in the city, except that a citv having 
between 2,000 and 30,000 inhabitants may incur an additional 



CITIES, TOWNS AND VILLAGES. 287 

debt of five per cent for constructino^ or purchasino- water- 
works and light plants to be owned by the city. It further 
says that before any debt can be created for any purpose two- 
thirds of the voters at a special election must consent thereto, 
and by the same vote they must authorize the city council to 
levy, in addition to the taxes for ordinary city expenses, a 
tax sufficient to annually pay the interest on the debt and the 
debt itself within twenty years. Thus in no case can the city's 
indebtedness exceed ten per cent, and in no case unless it 
owns the waterworks and light plant can it exceed five per cent. 
But it cannot be stated just what the tax rate for paying the 
debt will be. That will depend on the amount of the debt and 
the entire valuation of all property in the city. It will vary 
Vv'ith the years. But it is the duty of the city council to fix 
it at such an amount as will pay the interest annually and the 
debt itself within twenty years after it was created. 

307. Benefit Assessments. — The taxes discussed in the 
preceding section do not include the cost of constructing side- 
walks or macadamizing streets. Those costs are charged 
against the abutting property-owner, usually in proportion to 
the number of front feet he has fronting on the street or side- 
walk to be improved. But sometimes they are charged accord- 
ing to the area or number of square yards in his lot or the 
value of the lot. In all cities the costs of new sidewalks are 
charged to the abutting property-owner. In cities of one or 
two classes the cost of grading the street and bringing it to 
a general level are paid out of the city treasury, and the costs 
of paving or macadamizing by the abutting property-owners ; 
in others, the entire cost, both of grading and paving, is paid 
by the property-owner. The costs of a public sewer are paid 



288 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

by the whole city out of revenue in the treasury ; but the costs 
of district sewers are charged against real estate in the district 
drained by it. 

I'hese charges for sidewalks, streets and district sewers 
are not the taxes referred to in section 306. They are not in 
strict sense taxes at all, although they are usually referred to 
as ''special taxes ;" they are, rather, charges for benefits re- 
ceived by the property against which they are assessed for 
improvements thereto, and are for that reason in law often re- 
ferred to as "benefit assessments." The money paid therefor 
cannot be used for the purposes for which money received as 
taxes may be used, that is, for paying any of the ordinary 
expenses of the city, but it can be used only for the purpose 
for which it is assessed — the construction of the sidewalk, the 
paving of the street, etc. Sometimes the money does not go 
into the city treasury at all, but what are called "special tax 
bills," indicating the amount each abutting property-owner is 
to pay as his share of the cost of the sidewalk, street, etc., are 
issued to the contractor who does the work in payment there- 
for, and then he has the right to have the circuit court charge 
the amount of that "special tax bill" against the property, and 
if it is not paid, the property may be sold by the sheriff. 

The city council (in the case of the larger cities, on the 
recommendation of other officers of the city) has the right to 
determine when a new sidewalk is needed and to order the 
work to be done and how and of what material. When it has 
done that, the owner of the property may put it down himself 
within a certain time, and if he fails to do that the city will 
have it done and charge the cost up to him. And if the im- 
provement is the macadamizing or paving of a street or the 
construction of a district sewer, the citv contracts with some 



CITlliS, TOWNS AND X'lLLAGES. 289 

one to do the work and then apportions the cost anioni^- the 
])roperty-owners, and issues special tax bills for the amount. 

308. Police Regulations. — As a city i^rows in size and 
density, greater care must be taken to preserve the health of 
its inhabitants. The closer men get to each other the more 
likely arc their acts to transgress upon the rights of each other. 
vSo a city has the right to establish reasonable regulations over 
those acts of its inhabitants which may affect mutual rights. 
It may abate nuisances, establish quarantine against con- 
tagious diseases, prevent pig sties, dairies and slaughter- 
houses within the corporate limits, forbid the throwing of slops 
in the street and the obstruction of sidewalks by goods-boxes 
and shade trees. It may, in order to ward ofif disastrous fires, 
prevent the building oi wooden houses on certain blocks, and 
it may confine livery stables to certain streets. It may regulate 
the speed oi trains, street cars, horses and vehicles within the 
city limits. There are many other things it may do for pre- 
serving the health, the life, the peace or the morals of the in- 
habitants. Regulations of that kind are called ''police regula- 
tions," and the police powers of a city depend on the class to 
which it belongs — the higher the class the greater its powers. 
But no city can exercise any power of this kind except such 
as is specifically given it by the Legislature, and even then it 
can exercise it only in a reasonable way. 

309. City Government is the weak part of American 
government. In no other are honesty and efficiency so diffi- 
cult to obtain. In no other are taxes so often wasted. In no 
other is injustice so often done to the property-holder. In no 
other docs the lawless, the idle, the mean man exert such 
power. In no other is it so difficult to get upright and com- 

19 



290 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

petent men tO' become candidates for office. In no other are 
men of wealth and education so unwilHng to exert their in- 
fluence to elect to ofifice efficient and capable men, or to be- 
come officers themiselves. There are many reasons why this is 
true. To discuss intelligently these reasons would far outrun 
the limits of a book like this. But the remedy is at present 
largely in the hands of the voters of the city, especially of the 
smaller cities. But no plan could be suggested that would be 
a remedy in every case. A plan that would prove efficient in 
one city would fail in another of different conditions. To be 
efficient the plan employed must be suggested by local condi- 
tions. But in every city the remedy can be found if the up- 
right voters try hard enough to find it. 

Questions on Chapter VII. 

1. What right has the State given to cities? (287) 

2. How are the powers of a city limited? (287) 

3. What power may a city exercise? (287) 

4. What are the officers of a city? (287) 

5. Why is it necessary to have city government? (288) 

6. How are cities now classified and organized? (289) 

7. What is that general statute? (289) 

8. How does the charter limit the city's powers? (289) 

9. How may an unorganized town be incorporated? (289) 

10. How are cities governed? (290) 

11. To what subjects do ordinances relate? (290) 

12. How are cities classified and give the classes? (291) 

13. How do these classes differ? (291) 

14. How many cities of the fourth class? (292) 

15. Who is the chief executive officer and name his duties? 
(292) 

16. Describe how boards of aldermen are elected. (293) 

17. Vv^hat duties does the board perform? (293) 

18. By whom are some of its duties performed? (293) 

19. What is said about the marshal? (294) 



CITIES, TOWNS AND VILLAGES. 29 1 

20. The police judge? (295) 

21. What duties are performed by the clerk, assessor and 
treasurer? (296) 

22. What is said of third class cities? (297) 

23. How are their affairs regulated? (297) 

24. What is said of second class cities? (298) 

25. How is the common council composed? (298) 

26. What is said of first class cities? (299) 

27. What is said of registration of voters? (299) 

28. What may cities having 100,000 inhabitants do? (300) 

29. How was Kansas City organized? (300) 

30. What is the municipal assembly called? (300) 

31. How is it composed? (300) 

32. How many members in each house and how elected? (300) 

33. When does an ordinance become effective? (300) 
34- How is the police department managed? (300) 

35. What is said about St. Louis? (301) 

36. How is the police department governed? (301) 

37. How are the legislative powers vested? (301) 

38. What provision is made for villages? (302) 

39. When are elections held in cities? (303) 

40. How far may city limits be extended? (304) 

41. By whom is the extension made? (304) 

42. How is property assessed in cities of the first and second 
class? (305) 

43. How is it assessed in cities of the third class? (305) 

44. How is it assessed in cities of the fourth class? (305) 

45. What is the maximum rate of taxation for city current 
expenses? (306) 

46. What is said of the provision fixing a maximum rate? 
(306) 

47. What is said of a poll tax? (306) 

48. How else may revenue be raised? (306) 

49. For what purpose may debts be created? (306) 

50. How may it be created and to what extent? (306) 

51. How are the costs of sidewalks and macadamizing streets 
paid? (307) 

52. In what proportion? (307) 

53. How are costs of public and district sewers paid? (307) 

54. Are these charges strictly taxes? (307) 



ig2 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

55. How can the money collected from them be used? (307) 

56. Suppose benefit assessments are not paid? (307) 

57. Who may determine when a sidewalk is needed? (307) 

58. What method is used in macadamizing streets, paving 
streets and constructing sewers? (307) 

59. What is said of police regulations? (308) 

60. What is said about the difficulties of city government? 
(309) 



CHAPTER VIII. 

PUBLIC SCHOOLS. 

310. Purposes of Education. — Education is for the 
purpose of preparing one for right living. One's powers are 
increased almost in proportion as he becomes acquainted with 
the things that make a civilized and rich people, or with the 
elements that constitute a great country. The educational duties 
of the State consist largely in preparing its children to be- 
come useful citizens. In order that every person may acquire 
an education, public schools have been established by law. The 
state schools are divided into district schools, village or city 
schools, normal schools and a university. 

311. School Districts. — Whenever there are twenty 
children between six and twenty years of age, in any locality 
not organized into a school district, the voters thereof are 
atithorized to organize such a district, which may be irregular 
in shape and contain any number of children of school age, 
above twenty. If the' unorganized territory contains less than 
twenty children, it may be added to any adjoining district. New 
districts may also be formed by dividing those already organ-- 



ruBLTc SCHOOLS. 293 

izcd. lUit that canii'ot be done unless each of the districts af- 
fected, inckiding- the one to be formed, contains as many as 
twenty children of school age. 

In each school district are at least one school house, one 
teacher and three directors. 

312. Annual Meeting. — The law authorizes all the 
legal voters of a district to meet on the first Tuesday of April 
of each year, and (i) to elect by ballot oue director for three 
years; (2) to determine the length of the school term for the 
next year in excess of six months, and (3) the rate they will 
tax themselves in excess of forty cents on the hundred dollars 
valuation, if any, for maintaining the school; and if the dis- 
trict has no school house or desires a new one, tO' vote (4) 
for the erection of such a house, and to determine (5) 011 what 
amount they will further tax themselves for such purpose; 

(6) to decide on changes of the boundaries of the district, and 

(7) to vote (once in two years) for a county school commis- 
sioner ; and to transact other business. 

313. School Boards. — ^^The school board of a rural 
school consists of three directors, each of whom holds office 
for three years, one being elected each year. A director must 
be a citizen of the United States, a resident taxpayer, a quali- 
fied voter of the district, and must have paid a state and 
county tax within one year next preceding his election. A 
director of any school must possess these qualifications. 

314. Powers of School Board. — (i) The school board 
is required to make rules and regulations for the government 
of the school. If it fails to do so, the teacher can make such 
rules or enforce those made for a previous teacher. (2) It 
is required to continue the school for six months in each year, 
if a tax of fortv ceuts on the hundred dollars valuation and 



294 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

the district's share of the other school funds wih suffice to pay 
the expenses of such term ; if the funds in its hands wih be 
sufficient for a longer term, it can continue the school as many 
months as it may deem wise. (3) If the annual meeting has 
authorized the building of a schoolhouse, it can issue and sell 
bonds of the district to obtain money for such building, and 
may direct a levy upon the property of the district to pay these 
bonds. (4) It is required to employ legally qualified teachers. 
The contract must be signed by the teacher and the president 
of the board, and attested by the clerk. But no contract is 
binding unless the teacher holds a teacher's certificate, which 
must be in force for the full term for which the contract is 
made ; and no teacher can be discharged when once employed, 
till such certificate is revoked by the county commissioner. 
And these are the powers of school boards in all districts. 

315. City, Town, and Village Schools. — The statutes 
provide that school districts embracing cities and towns may, 
by a vote of the people, organize into a "city, town, or vil- 
lage school." Such schools have six directors, and a school 
building may be erected in each school ward, and one general 
high school may also be provided. If the school revenue is 
sufficient these schools must be kept open not less than seven 
months nor more than ten months in a year. Each is con- 
trolled by a board of six directors, two of whom are elected 
each year. In these districts, instead of an "annual meeting" 
such as is conducted in rural schools, there is an election, con- 
ducted very much as other general elections are. They are 
held on the first Tuesday in April, from seven o'clock in the 
morning to six in the evening. The propositions upon which 
the voters are to pass are printed on ballots, aiid the voter 
erases from his ballot any proposition he does not approve. 



PUBLIC SCHOOLS. 295 

Those propositions relate to the same subjeets that an annual 
school meetino- may consider, as mentioned in section 312. 

A city school district is a different corporation from the 
city g-overnment. It may have different boundaries. It may 
include territory that the city does not. Its officers are in no 
wise answerable to any city ofl'icer for their conduct. It is 
a separate organization. Although it may embrace the same 
inhabitants and the same territory as does the city, it is just 
as independent of the city government as is any rural school 
in the county, except, of course, city police regulations con- 
cerning" the public health must be observed, and the school 
property is chargeable with its share of sidewalks and street 
improvements, but it cannot be otherwise taxed. 

316. Taxation and Length of School Term.— It is the 

policy of the law to maintain a school for at least six months 
each year in each school district and whether or not there 
will be a longer term often depends om the voters themselves. 
The taxpayers in each district are by law compelled to submit 
to a tax of forty cents on each hundred dollars of the assessed 
valuation of all property in the district, for employing teachers 
and paying the incidental expenses of the school, unless a less tax 
rate, together with the district's share of the various public 
school funds, will be sufficient to maintain a school for six 
months. If a less rate, together with the district's share of 
the public funds, will yield enough to maintain a six months' 
term, the board may make the tax rate any sum it pleases less 
than forty cents. The board is bound to levy a rate of forty 
cents if that sum is necessary to maintain a six months' school. 
And the board can levy forty cents, without consulting the 
taxpayers, even though that rate would provide for a seven 
or an eisfht months' term. But it cannot exceed that rate 



296 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

unless a niajority of the taxpayers authorize it to do so, and 
then it must fix the rate at sucli sum as they direct. 

This rate of forty cents appHes to all districts in the 
State except in those in cities having one hundred thousand 
inhabitants or more, where the rate is sixty cents on the hun- 
dred dollars valuation instead of forty. 

These are the rates that the boards may fix without con- 
sulting the taxpayers, but in all rural districts the rate mav be 
increased to sixty-five cents on the hundred dollars valuation 
by a majority of the tax-paying voters, and in all city or town 
districts to one hundred cents. These are the tax rates for 
"school purposes," which mean the employment of teachers, 
paying janitors, buying fuel, and "incidental expenses." The 
money raised for "school purposes" can not be used for build- 
ing a school house or for paying interest on a permanent debt 
or for any other purpose. 

317. Taxation for School Houses. — Any school dis- 
trict may contract a debt for school houses, furniture or build- 
ing sites. And the property within the district must be taxed 
to pay that debt. And in addition to the tax to pay that debt, 
the property within the district may be further taxed to create 
a fund to build 'other houses. It may be taxed for one or 
both of these purposes just as the voters direct. 

But no district can create a debt or authorize such a tax 
until two-thirds of the qualified voters of the district voting 
at an election authorize it. The vote may be taken at an 
annual school meeting or a special election, but in either 
case two-thirds of the voters voting at the election must vote 
"for the loan" before it can be legally charged against the 
district. If that is done, then thereafter the school board 
must annually levy such a tax as will pay the interest as it 



PUBLIC SCHOOLS. 29/ 

accrues, and they must also levy such a tax, not to exceed 
forty cents on the hundred dollars valuation, as will pay the 
debt itself within twenty years. But the debt of a district 
can at no time be increased if that then existing equals five 
per cent of the assessed valuation of all property within the 
district. 

lUit after having created a debt equal to five per cent, 
the patrons of a school may yet want other school house 
room. Suppose after the district has voted a loan equal to 
five per cent and built a school house, the school house burns 
down without insurance ; its tax-payers of course must be 
taxed to pay that loan ; or suppose the voters do not wish 
their district to go in debt for a school house ; or suppose 
after authorizing a loan they find that it will not build quite 
so good a house as they need. In any such case, a fund for 
building purposes may be created when two-thirds of the quali- 
fied voters of the district vote for a tax for that purpose, which 
cannot exceed sixty-five cents in rural schools, and one hun- 
dred cents in city or town schools, but this tax can be voted 
for only one year at a time, but may be voted each suc- 
ceeding year. It can be levied for no year unless tw^o-thirds 
of the voters authorize its levy for that year. But the tax 
to pa}' a loan, w^hen once authorized, must be levied by the 
board each year until the entire debt is paid. 

Thus we see that taxes for all school purposes may be 
less than forty cents on the hundred dollars, and may by the 
majority of the tax-payers in a city or town school be raised 
to one hundred cents for current ''school purposes," and by 
two-thirds of the voters be raised to forty cents more to pay 
debts for building purposes, and in the same way may be yet 
raised to one hundred cents more for buildings. 



298 ( i\ II. (;()\I':Rx\mi-:n'1" of tiik stati-: of Missouri. 

318. School Taxes, How Used. — The taxes raised for 
payiiiti^ teachers and incidental ])nrposes, cann(jt be used for 
building purposes, nor can the taxes raised for building pur- 
]>oses or for paying the debts of a district be used for paying 
teachers. Taxes can ])e used only for the purposes for which 
they were levied. 

319. Power to Fix Tax Rate. — 1die power given to a 
majority of the tax-payers of a district to determine what shall 
l^e the tax rate for school purposes, and that given to two- 
thirds of the voters t(j determine whether or not an additional 
tax shall be levied to pay debts or to create a building fund, 
is unusual in Missouri government. It is the only case in 
which the voters have the right to determine what the tax 
rate shall be. In county government the rate of taxation 
is fixed by the county court, but it canix)t exceed a certain 
maximum rate. In city government, the rate is fixed by the 
council and mayor, and can be fixed at any rate less than a 
certain maximum rate prescribed by law. But in school dis- 
tricts the board can fix the tax rate at certain minimum rates 
])rescribed by law, but a majority of the tax-payers, if they 
choose, may fix upon a higher rate for "school purposes," and 
two-thirds of the voters may fix a higher rate for building 
purposes or for paying the district's debts, but even then the 
tax-payers or voters cannot exceed certain maximum rates 
prescribed by law. 

These provisions show how much concerned the State 
is in education. The State forces the school board tO' fix a 
tax rate at any rate less than forty cents on the hundred dol- 
lars valuation that may be necessary to provide a six months' 
school, but if any less rate will not provide a six months' 
school then the board must fix the rate at forty cents. But 



PUBLIC SCHOOLS. 299 

if llu' lax-|ja\ers (k'sirt- a l()iii;c'r tcnn llian a lax of forty 
cents will proxidc for, a majority of tlK'ni can increase that 
rate to any aniomit they may wish less than sixty-five cents 
on the lumdred dollars valuation in rural districts and one 
hundred cents in city or town schools. Thus the law ])Uls 
it laro'els' in tlu^ hands of the tax-])a\'ers to say how efficient 
their schools will he. If the school is not a <t^O(x1 one the 
tax-])ayers themselves are larj^cly resjioiisihle. Taxes are al- 
ways a hurden, hut it is usually true that the more money the 
])eoi)le spend for schools the less they have to S]>en(l for 
ixvlicemen and criminal courts. It is also' true that the value 
of projierty in a community increases almost as i^eneral intelli- 
iL^ence increases, (iood schools always pay the tax-payer. 

320. School Funds. — There are several kinds of per- 
nianent school funds created hy law for the ])urpose of su])- 
])ortinj4- state schools. The local fund has already heen dis- 
cussed ; it is the fund raised hy direct taxation u])(m the prop- 
erty of the tax-])ayers in each district. I hit in addition to 
that there are the i'uhlic School Inmd, the Seminars- ITmd. 
the Count)' h'und, the 'J^ownshij) Fund and special district 
funds — all permanent funds. 

321. The Public School Fund. — There is a i)ermanent 
endowment of the puhlic schools of the entire vState which is 
1)\' the Constitution called the "Pul)lic School lumd." it 
amounts to more than three millions of dollars, and only the 
annual income therefroui can he used for the sui)port of the 
schools. It had its ori<^in in an act of Congress dated June 
13, t8i2, the passage of which was secured largely by Thomas 
F. Riddick, an honored citizen of Missouri, who rode on 
horseback all the way to Washington to persuade Congress- 
men to support the measure. That act and other subsequent 



300 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

acts of Congress gave to Alissouri certain saline and swamp 
lands lying within her borders, to be sold and the proceeds to 
be turned into the State Treasury, to be invested by the State 
and the income to be used for public schools. To this fund 
have also been added certain fines and forfeitures, and un- 
claimed escheats. Sometimes it occurs that persons without 
known or ascertainable heirs die leaving estates. The pro- 
ceeds of such estates are turned into the State Treasury and 
if not claimed within twenty years are transferred tO' the 
Public School Fund. 

322. The Seminary Fund is another state school fund, 
the proceeds of which are applied to the support of the State 
University, which has been established at Columbia for the 
purpose of affording the highest education in collegiate learn- 
ing, in the law^ in medicine, in electrical and civil engineer- 
ing, in scientific agriculture, and in other branches of useful 
study. This fund amounts to about one million twO' hun- 
dred and fifty thousand dollars. It began in the grant by 
Congress in 1818 and' 1820 of "^2 sections of unentered land 
lying in Jackson, Lewis, Scott and other counties. These 
lands, which in the aggregate amounted to two wdiole town- 
ships, were sold and the proceeds, amounting to about one 
hundred thousand dollars, were used to provide an endow- 
ment for the University. In 1862 Congress gave certain 
other lands in the State in aid of education in agriculture, and 
these were sold about 1883, and nearly four hundred thousand 
dollars more was added to the Seminar}- Fund. Then in 1891 
Congress reimbursed Missouri for the money that had been 
raised from the citizens of this State ($646,958.23) by the 
"direct tax" mentioned in section 62, and this was added to 
the Seminarv P'und, Other small sums have been added from 



PUBLIC SCHOOLS. 3OI 

time to time, until the entire Seminary Fund has risen to 
what has already been stated. It is a permanent endowment 
for the State University, and the School of Mines and Metal- 
lurgy, which is a part of the University. 

323. Collateral Inheritance Tax. — The Legislature in 
1899 provided for a collateral inheritance tax of five per 
cent on the estates of persons dying without father, mother, 
husband, wife, children or other descendants, and four-fifths 
of the money arising from that tax goes to the University, 
and the balance to the School of Mines and Metallurgy. This 
tax yields at least one hundred thousand dollars a year and 
some }ears very more than that. It is all used in permanent 
improvements or current expenses. 

324. How Invested. — The Public School Fund and the 
Seminary Fund are invested in "certificates of indebtedness" 
issued by the State Auditor to the State Board of Education. 
These certificates are simply non-negotiable State bonds. They 
are simply debts which the State owes those funds, and there- 
fore the Constitution calls them "sacred obligations of the 
State." They express an agreement on the part of the State 
to raise by means of taxation the annual interest they bear, 
and to pay the principals thereof whenever the people by a 
change in their Constitution shall direct some other way in 
which to invest them. Invested in this way the State itself is 
the debtor or the borrower, of the moneys belonging to these 
funds, and invested in this way those funds can be wasted or 
lost only when the people of the State lose their sacred honor. 

325. Legislative Appropriations. — The Constitution 
provides that at least one-fourth of the ordinary State reve- 
nues shall be appropriated for use of public schools. Since 
1887 the Legislature has appropriated one-third of the reve- 



302 CR'IL GOVERNMENT OF THE STATE OF MISSOURI. 

nues to this purpose. The entire amount annually turned 
over to the schools fronii these appropriations and from the 
interest on the State Public School Fund, is about one mil- 
lion two hundred and fifty thousand dollars, and is equal to 
over $1.25 for every child of school age in the State. This 
money is apportioned to the various counties by the State 
Superintendent of Public Schools according to the number 
of children of school age in each, and each county's share is 
by the county clerk divided up among the school districts 
of the county in the same proportion, and the money turned 
over to the county treasurer and by him paid out to teachers. 
By this means the State aids the whole State to have public 
schools, but especially counties of small taxable wealth. There 
are twenty-five counties in the State that get more money from 
this source for their schools than they pay into the State 
Treasury for all purposes. 

326. County School Fund. — There is also in each 
county a County School Fund which is loaned and the inter- 
est used to aid the public schools of the county. It is now- 
derived almost entirely from fines, penalties and forfeitures. 
The net proceeds of fines imposed in the circuit court and in 
magistrates' courts go into this fund, as do the amounts real- 
ized from bonds forfeited to the State by those who escape 
after having given bail, as dO' alsO' those of other forfeited 
bonds. In some counties a part of this fund has been derived 
from a sale of swamp lands lying therein, which were granted 
to the State by Congress, and then to the counties by the 
General Assembly, to be sold and the net proceeds added to 
the public school fund of the county. 

The County School Fund is loaned by the county, court 
on unmortgaged real estate worth at least twice as much as 



ruBLic SCHOOLS. 303 

the amount loaned, and the interest as it is paid is apportioned 
to the various school districts of the county in proportion to 
the number of children of school age in each. The aggre- 
gate of all the county school funds of the State is more than 
four million six hundred thousand dollars, and is increasing 
at the rate of nearly one hundred thousand dollars a year. 

327. Township School Funds. — In each county there 
is also a separate Township School Fund. The laws of Con- 
gress and of Missouri required that section 16 of every Con- 
gressional township be sold and the money added to a town- 
ship school fund. The money is loaned by the county court, 
just as is the County School Fund, and the interest as it is 
paid is distributed among the school districts of each town- 
ship in proportion to the number of children O'f school age in 
each. The aggregate of these funds in all the counties is 
more than two millions three hundred and fifty thousand 
dollars. 

328. Special District Funds. — The early French towns 
in this State, such as St. Louis, St. Charles, New Madrid and 
others, always had a common field which had been used by 
all the inhabitants of the town for pasture and other pur- 
poses. That of St. Louis, for instance, was called the Grand 
Prairie Common Field. By an act of Congress, dlated June 
13, 1812, these commons were given to the inhabitants of the 
town to which they belonged "'for the support of schools," and 
by subsequent acts of the Legislature and in some cases by 
vote of the people also, these lands were sold and a part or 
all of the moneys turned over to the public school districts 
of the towns. Besides, special gifts or bequests have been 
made to some districts. These funds constitute, in part, what 
is classed as the Permanent Special District funds. Tliey 



304 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

amount altogether to about one million six hundred and fifty 
thousand dollars. At least a million and a half of that amount 
belongs to the school district in which St. Louis is situated, 
and a part of it was obtained from the sale of a part of section 
sixteen of the township covered by the city, and by fines 
and forfeitures. But as that city is a county within itself and 
there is there no longer a Congressional township, the County 
Fund, the Township Fund and the Special District Fund are 
all consolidated into one, and is usually classed as a Special 
District Fund, although it has, in part, been created in the 
same way that the County Fund and Township Fund have 
been in other counties. 

329. Public School Endowment.— The Public School 
Fund, the County School funds, the Township School funds 
and the Special District funds amount to nearly twelve million 
dollars, and they yield about six hundred and fifty thousand 
dollars annually, and when to these are added the one-third 
of the State revenues appropriated by the Legislature, which 
amounts to more than a million more, the entire amount which 
the public school receives each year, in addition to the taxes 
raised in each district, is more than one million six hundred 
and fifty thousand dollars. 

330. Cost of Public Schools. — In addition to the monev 
annually appropriated by the Legislature and the income from 
the various school funds, the school boards raise nearly five 

The permanent public scIioqI funds of the State of all kinds on .Tanuary 
1. 1904, were as follows : 

Amount of State School Fund .$3,130,123.40 

Amount of Seminary Fund 1,241,520.70 

Amount of County School Fund ',011,320.02 

Amount of Township School Funds 2,307,378.02 

Amount of special district funds 1,044,048.80 

Total school funds of the State $13,023,997.00 



rUBLIC SCHOOLS. 305 

millions more by local taxation for "school purposes," and 
about one million and a half more for paying debts and other 
"building- purposes." The entire cost of the public schools in 
1903 was $8,363,000. 

There are nearl}- one million children of school age in 
the Slate, and a little less than five per cent of these are 
negroes. There are nearly ten thousand school districts, and 
about seventeen thousand teachers. 

331. State Normals. — For the purpose of training- 
teachers the Legislature has established three normal schools 
for white persons — at Kirksville, Warrensburg and Cape Girar- 
deau — and one for negro teachers, Lincoln Institute at Jeffer- 
son City. Each of these schools is managed by a board of 
regents appointed by the Governor, and these boards elect a 
faculty or a set of skilled teachers. The number of students 
at these schools is large. These schools are supported by the 
State out of money appropriated for that purpose by the Legis- 
lature. 

A normal department for training teachers has been also 
added to the State University. 

332. Schools for Colored Children. — The Constitution 
says: "Separate schools shall be established for the education 
of children oi African descent." No colored child can attend 
a school established for the education of white children ; nor 
can a white child attend a school for colored children. The 
school for colored children must be of the same length as that 
for white children in the same district, and their school must 
give the same advantages and ])rivileges as are provided in 
schools of corresponding grade for white children in the dis- 
trict. Their teachers are paid in the same way, out of the 

20 



306 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

same fund. And if there are fifteen colored children of school 
age in the district a school must be provided for them by the 
school board, or the district will lose its part of the public 
school funds for the next year ; and if there are a less number, 
they can attend any school for colored children in the county 
and the board must pay their tuition. 

333. County Commissioner. — In each county there is 
either a county commissioner or a county superintendent. The 
duty of the commissioner is to prepare the school statistics of 
the county, such as the total enumeration of children of school 
age in each cHstrict, the total enrollment of pupils, attendance, 
number and salary of teachers, the rate and amount of taxes 
for school purposes and for building purposes, etc. He also 
is a member O'f the County Board of Education, and organizes 
county teachers' associations, which are held for three days 
once a year. ? ^ ^ 

In every county the people may, by a majority vote, adopt 
''county supervision of schools," and when that is done the 
commissioner becomes superintendent of all the schools in the 
county except city schools having i,ooo children of school age. 

334. County Board of Education. — In each county 
there is a County Board of Education of three members, con- 
sisting of the county commissioner, one teacher appointed by 
the county court, and one appointed by the State Board of 
Education. It adopts a course of study for all the schools 'of 
the county except those in cities having more than i,ooo 
children of school age, grants certificates to teachers who pass 
satisfactory examinations, and ]:)rovidcs for the classification 
of pupils and for uniformity in grading them. 

335. Non-Sectarian Education. — The Constitution 
does not permit the public school funds to be used in aid ot 



PUBLIC SCHOOLS. 307 

any church school. There are a great number of such schools 
in Missouri. The various churches have established colleges, 
seminaries, academies and other schools, and the people who 
contribute to them, even though they send their children to 
them, must also pay their share of taxes for the support of 
the public schools, and the taxes they pay for that purpose can- 
not be used to support these church or private schools. Tlie 
Constitution says that "neither the General Assembly, nor any 
county, city, town, township or school district shall ever make 
an appropriation, or pay from any public fund whatever any- 
thing in aid of any religious creed, church or sectarian pur- 
pose, or to help to support or sustain any private or public 
school, academy, seminary, college, university or other institu- 
tion of learning, controlled by any religious creed, church or 
sectarian denomination." This language prevents the use of 
public school moneys for any school except for such as the 
State has directed to be established. 

336. Exempt From Taxation. — But it is not the policy 
of the State to tax church or private schools, for any purpose. 
The Constitution says that lots to the extent of one acre and 
the buildings thereon, within any incorporated cit}- or within 
one mile thereof, if "used exclusively for religious worship, 
for schools or for purposes purely charitable" are exempt from 
taxation of all kinds ; and lots to the extent of five acres one 
mile or more distant from such city, wdien used for such pur- 
pose, are exempt also. 

The endowments of colleges and of other church or pri- 
vate schools, if they consist of money which is loaned, are 
usually not taxed, but so much of such endowments as are 
invested in lands are taxed. 



308 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

Questions on Chapter VIII. 

1. Of what do the educational duties of the State consist? 
(310) 

2. For what purposes have public schools been established? 
(310) 

3. How are public schools divided? (310) 

4. How and when may a school district be organized? (311) 

5. Suppose the unorganized territory has less than twenty 
children? (311) 

6. When may a district be divided? (311) 

7. What are the first three powers of an annual school meet- 
ing? (312) 

8. Suppose the district has no school house, what two other 
powers has the meeting? (312) 

9. How many school directors, length of term and how 
elected? (313) 

ID, Qualifications of school director? (313) ' 

11. Name the first duty of the school board? The second? 
The third? The fourth? When is the contract binding? 
(314) 

12. What is said of city, town and village schools? (315) 

13. How are annual meetings held in these districts? (315) 

14. Is a city school district a part of the city government? 
(315) 

15. What length of term does the law seek to compel? (316) 

16. To what rate of taxation for school purposes must the 
taxpaj^ers submit? (316) 

17. When may the board fix a less rate? (316) 

18. When is the board bound to levy forty cents? (316) 

19. Can it fix a rate of forty cents anyhow? (316) 

20. When can it exceed that rate? (316) 

21. To what districts does this forty cents rate apply? (316) 

22. What is the maximum rate that may be fixed upon by the 
tax-payers in rural districts? In city or town schools? (316) 

23. What is meant by "school purposes?" (316) 

24. Can money raised for "school purposes" be otherwise 
used? (316) 

25. For what purposes may a district make debts? (317) 

26. How are they paid? (317) 



PUBLIC SCHOOLS. 309 

27. When can it create a debt? (317) 

28. What is then the duty of the school board? (317) 

29. What is the maximum debt that a district can make? (317) 

30. Suppose the debts have reached five per cent, and the 
people want other school houses, how can they be had? 

(317) 

31. Or suppose the people have no debt and do not want any; 
how can they have a school house? (317) 

32. How often can such a tax be levied? (317) 

33. When must the board levy taxes to pay debts? (317) 

34. For what purposes must taxes be used? (318) 

35. What is said of the power of districts to fix the rate of 
school taxes? (319) 

36. Who thus has the power to determine how efficient the 
schools shall be? (319) 

Zl. What are the permanent school funds? (320) 

38. What is said of the Public School Fund? (321) 

39. Can you state how the Seminary Fund began, how it \vas 
increased and how the income is used? (322) 

40. What is the collateral inheritance tax and how is it 
used? {2>22>) 

41. How are these funds invested? (324) 

42. What are the "certificates of indebtedness?" (324) 

43. When can these funds so invested be lost? (324) 

44. How much of the state revenues are appropriated to pub- 
lic schools? (325) 

45. How is it distributed? (325) 

46. How is the County School Fund derived? (326) 

47. How is it loaned? (326) 

48. How much does it amount to in all the counties? (326) 

49. Whence was the Township School Fund derived? (327) 

50. What is said of the Special District funds? (328) 

51. How much money do the public schools receive each year 
above the local taxes? (329) 

52. How much is raised by local taxation? (330) 

53. What was the entire cost of the public schools in 1903? 
(330) 

54. How many children and how many teachers? (330) 

55. How many State Normals and what are they for? (331) 

56. What about schools for colored children? {.ZZ'^^ 



310 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

57. What are the duties of the Commissioner? (333) 

58. How is the County Board of Education constituted? (334) 

59. What does it do? (334) 

60. Can public school funds be used to aid church schools? 
(335) 

61. What portion of the property of church schools may be 
taxed? (336) 



CHAPTER IX. 

ELECTIONS. 

337. Purpose of Elections. — Americans believe in the 
rule of the people. It is an tinderlying principle in America, 
one that no man has ever been able to withstand, that the will 
of the majority shall control ; and in order that that will may 
be known, the State has provided for elections at which each 
citizen may express by his ballot his choice for candidates or 
for a political principle. As this is the people's government, 
supported by taxes collected from the people, the people should 
have the right to choose the officers who are to represent them. 

338. Time of Holding Elections.— The laws of Mis- 
souri require a general election to be held throughout the 
State on the first Tuesday after the first Monday of Novem- 
ber in each even-numbered year for the election of all State 
and county officers, judges, members of Congress and State 
Senators, whose terms are about to expire. The Governor, 
Secj^etary of State, State Auditor, State Treasurer, Attorney- 
General, and at least one judge of the Supreme Court, and 
one judge of each of the courts of appeals, and one Railroad 
Commissioner, are elected on the same dav that Presidential 



ELFXTIONS. 311 

electors are chosen (leap years), and Representatives in Con- 
gress and in the General Assembly, and half the State Sena- 
tors are elected at the same time. Two years later the Super- 
intendent of Public Schools, one Railroad Commissioner, at 
least one Supreme Judge, one-half of the State Senators, and 
Representatives in Congress and in the General Assembly, are 
elected. And at one or the other of these general elections all 
county officers, and once in six years all judges of the circuit 
court, are elected. 

339. Precincts. — In order that each citizen may have 
full opportunity to cast his ballot, the law provides that the 
county court of each county shall, several weeks before an 
election, designate a voting place in each township of the 
county, and more than one if the convenience of the inhabi- 
tants may require it. This voting place is called a precinct. The 
sheriff is required to provide two ballot boxes for each pre- 
inct, and to turn them over to the constable, who on the morn- 
ing O'f the election delivers them to the judges of the election. 

340. Judges and Clerks. — The county court is also 
required to appoint for each precinct six judges of election 
and four clerks. Three of the judges are taken from the poli- 
tical party that polled the largest number of votes at the last 
general election, and three from the party that polled the next 
highest number. Two of these judges, one from each party, 
write their names or initials on the back of the tickets and de- 
liver one of each party to each voter, who' takes them to a 
booth provided for the purpose, where he can be free from 
observation, folds the one he wishes to vote apart to itself, so 
as to expose the initials or names of the judges thereon, and 
then hands it to one of two other judges called ''receiving 
judges." If the judges deem him a legal voter his ticket is 



312 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

deposited in the ballot box, and his name and the number of 
his vote are entered in the two poll-books by the clerks, and 
the number of his vote is also written on his ballot. The other 
tickets which were handed to him he must fold together, and 
return them to the same judges, who place them in another 
large box, where they are kept until after the election is over 
and then destroyed. After the voting has continued in this 
way for an hour the other two judges, called "counting 
judges," and two clerks begin to count the votes that have 
been cast, and while they are doing this the election continues, 
the accepted tickets or votes of other persons being deposited 
in the other ballot box. At the end of the second hour the 
counting of the tickets deposited in the first ballot box should 
be completed, and that ballot box returned to the polling place. 
Then the counting judges take the second ballot box and pro- 
ceed to count the tickets in it, and while the}' are doing so 
tickets of other voters are placed in the first ballot box. Thus 
the voting and counting continue throughout the day. 

When the polls are closed and all the ballots counted, the 
number of votes cast and the number for each candidate are 
entered in each poll book, and these are signed by the judges 
and attested by the clerks, and the result of the election is 
publicly proclaimed. One of the poll-books is transmitted to 
the county clerk w^ithin two days, and the other is retained 
in the possession oi the judges of election, open to the in- 
spection of all persons. 

341. Secret Ballot. — No one has any right to know 
how any man votes. Safeguards have been provided to secure 
a secret ballot, in order that the voter may be relieved of any 
intimidation, and be entirely free to vote as he desires. No 
one is allowed to attempt, in anywise, to influence his vote 



ELECTIONS. 313 

within the polhng place. No one is permitted to go with him 
to the hooth where he prepares his ticket ; if he cannot prepare 
it himself it must be done by two judges of different political 
parties, in his presence, not in the booth, but at the place within 
the polls where the judges usually stand and hand out the 
tickets. No one is permitted to unfold or see the voter's ticket 
before it is placed in the ballot box, and after it is placed there 
onl}' the counting judges and clerks (who can not know whose 
ticket it is) are permitted to unfold it in order to properly 
count it, and when that is done it is securely locked in a box, 
and can never be examined by anyone except by order of a 
court, or of some other authorized officer, in a contest over 
the result of the election. Before the judges enter upon their 
duties at an election, they are required to take an oath that 
they will not disclose how any voter may vote, unless re- 
quired to do so as a witness in a proper contest preceeding. 

342. Ballots. — The tickets for a general election are 
furnished by the county. The county clerk superintends the 
publication of them and delivers them to the judges of elec- 
tion, and they are prohibited from permitting anyone to get 
possession of a ticket except a voter ready and desiring to vote, 
and he cannot take it from the polls. In order to have an 
entirely secret ballot it is necessary that the county furnish 
the tickets, and that the greatest precaution be taken that no 
person except those lawfully entitled to them at any time be- 
fore the close of the election obtain possession of them. Each 
party has a ticket of its own, and one ticket of each party is 
handed to the voter when he applies to the judges to vote. On 
each party ticket are the names of all the candidates of that 
party properly nominated for the various offices to be filled. 



314 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

343. How Candidates are Nominated. — In order that 
there may not be too many tickets and the county put tO' great 
expense in printing the tickets, the law prescribes how candi- 
dates may be nominated. It provides that candidates may 
be nominated by a convention or by a primary election of 
a political party that at the last general election polled at 
least three per cent of the entire number of votes cast in 
the State, or in the district or county for which the nomi- 
nation is made. A party that polled such a per cent of all 
the votes cast at that election can nominate its candidates 
by a convention of delegates or by a primary election, and the 
names of those candidates will be printed on the party ticket 
at the expense of the county. 

But since the last general election a new party may have 
arisen or some old party may at that election have failed to 
get as much as three per cent of all the votes cast. Such a 
party may have its ticket printed at the expense of the county 
by filing a petition signed by at least one per cent of all elec- 
tors residing in the district in which the candidate is to be 
voted for, but the number of signatures cannot be less than 
fifty and need not exceed one thousand, but the signers must 
declare that they are in good faith supporters of the candi- 
date they thereby nominate and that they have not aided in 
the nomination of any other candidate for the same office. 

If a party did not get three per cent of the entire num- 
ber of votes cast at the last general election, and cannot get 
a petition signed by one per cent of the voters, it is very likely 
that it will fall far short of success at the polls, and hence the 
Legislature has decided that the counties should not be put 
to the expense of printing the tickets of such a party. 



ELECTIONS. 315 

344. Independent Voting. — JUit no person who takes 
part in any convention or primary, and no person who siji^ns 
a petition, is. by law, required to vote for the candidates thus 
nominated, lie can vote for whom he pleases. The law re- 
quires a blank space to be left after each name ou each ticket, 
and if the voter does not wish to vote for the man who bears 
that name, he can scratch out the name and write in that of 
any candidate on anv other ticket, or that of a person whose 
name is on no ticket. 

345. Counting the Vote. — One of the poll-books of 
each precinct, certified to by the judges and clerks of the 
election, must be transmitted to the county clerk within two 
days after the election. Within five days after the election he 
and two justices of the peace, or two judges of the county 
court, cast up the number of votes polled at each precinct in 
the county, as shown by the poll-books, and to- each county 
officer receiving the highest number of votes he issues a cer- 
tificate of election, and certifies to the Secretary of State the 
number of votes cast for state officers, judges. Presidential 
electors and Representatives in Congress, and that officer casts 
up the vote in all the counties for Governor, Lieutenant-Gov- 
ernor, Secretary of State, Auditor, Treasurer, Attorney-Gen- 
eral, Railroad Commissioner, and Superintendent of Public 
Schools, and sends these returns to the Speaker of the House, 
wlro, in the presence and under the control of the Senate and 
the House, opens and publishes the same. The votes for can- 
didates for all other state or district offices are counted by the 
Secretary of State in the presence of the Governor, and to the 
person receiving the highest number of votes is issued a cer- 
tificate of election. 



3l6 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

346. Disposing of Ballots. — Each ticket offered to the 
judges of election by any person wishing it to be received as 
his vote, whether received and counted or rejected as illegal, 
is transmitted to the county clerk, along with the poll-book. 
He securely keeps the tickets, and is not allowed to^ read or 
examine them unless commanded to do so by some court or 
the Legislature, nor to permit any one else to do so. At the 
end of one year he destroys them. The rejected ballots are 
sent in in order that the court may determine, in case of a 
contest, whether they were properly rejected or not. 

347. Hours of Voting. — The law requires that the 
polls shall be open at seven o'clock in the morning and be 
continued open till six o'clock in the evening, unless the sun 
shall set after six o'clock, in which case they shall be kept open 
till sunset, except in cities having more than twenty-five 
thousand inhabitants. In them the election begins at six o'clock 
in the morning and continues to seven in the evening. 

348. Elections in St. Louis. — There must be one pre- 
cinct in each ward in the city of St. Louis and Kansas City, 
and as nearly as practicable one for every three hundred 
voters. By a recent law, applicable to these cities only, the 
number of precincts has been greatly increased, and other de- 
tails of elections there are somewhat different from those in the 
rest of the State. 

There is no county court in St. Louis, and hence the 
Legislature has enacted a law that election judges and clerks 
in that city shall be appointed by a board of three election com- 
missioners, not more than two of whom belong to one politi- 
cal party. The commissioners are appointed by the Governor. 
Those belonging to the same party as the Governor choose 
from their own party two election judges and one clerk for 



ELECTIONS. 317 

each precinct in the city, and the other commissioner chooses 
two judges and one clerk from his party, and these four judges 
and two clerks have charge of the registration of voters and 
elections at that precinct. And this board of commissioners 
adds up the votes cast at the various precincts in the city and 
certifies the result, just as the county clerks do in other 
counties. 

There is a like board of election commissioners in Kansas 
City, with like duties to perform, also appointed by the Gover- 
nor. 

349. Registration of Voters. — ^In all cities of twenty- 
five thousand inhabitants voters must be registered before the 
election, and no person can vote there whose name does not 
appear on the registration books. The registration commences 
usually forty days before and is continued on various days to 
within a few days of the election. In cities having between 
twenty-five and one hundred thousand inhabitants the registra- 
tion is done by a special ofificer denominated a registrar, elected 
by the people in each election district, and all the registrars in 
the city meet as a board of revision a few days before the 
election, and determine the right of any person to have his 
name enrolled who has been denied that right, and strike off 
from any regittratiou book any name which is shown to have 
been wrongfully enrolled. In the larger cities the registration 
is done by the judges of election and clerks under the supervi- 
sion of the election commissioners. 

The registration of voters in cities is necessary to pre- 
serve the honesty of the ballot. There are always some legal 
voters living in such cities who are not known to the election 
judges, and they should be given ample time to show their 
legal right to vote before election dav, and not have to run the 



3l8 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

risk of being challenged at the time they offer their ballots, 
when perhaps they could not readily bring forward persons 
wdio can establish their right to vote. There is also danger 
that "floaters" and "repeaters" may undertake to vote in such 
cities unless they are in some way headed off. "Repeaters" 
are men that try to vote at more than one precinct in the city. 
"Floaters" are persons hired to come from other states or 
counties and vote. Frauds of this kind are very much more 
likely to occur in cities than in small towns and rural counties 
where almost every one knows every legal voter in the town- 
ship and the precinct to which he belongs. To prevent such 
frauds, voters in such cities are required to register some 
time before election, and in this way fraudulent voters may 
be discovered and the voting list purged of them. 

350. Qualification of Voters. — Every male citizen of 
the United States (and every male person of foreign birth who 
may have declared his intention to become a citizen of the 
United States according to law, not less than one year nor 
more than five years before he offers to vote), who is twenty- 
one years of age, shall be entitled to vote except ( i ) officers 
or soldiers in the army or navy, (2) persons kept at a poor 
house or an asylum at public expense, and (3) any person con- 
victed of a felony and not pardoned. But before a citizen 
twenty-one years of age can vote he must have resided in the 
State at least one year, and in the county or city or town at 
least sixty days, and he can vote only in the election district 
in which he resides. 

Questions on Chapter IX. 

1. What is an underlying principle in America? (337) 

2. Why are elections provided? (337) 

3. When are general elections held? (338) 



ELECTIONS. 319 

4. What is a precinct? (339) 

5. Who provides the baHot boxes? (339) 

6. Who appoints judges of election? (340) 

7. How many judges and clerks? (340) 

8. Describe in detail the method of voting and counting. (34o) 

9. What is done when the polls are closed? (340) 

10. What is said of a secret ballot? (341) 

11. Can the judges honestly know how any one has voted? 

(341) 

12. When only can that be revealed? (341) 

13. Who furnishes the tickets? (342) 

14. Why is it necessary for the county to furnish them? (342) 

15. What candidates may be nominated by a convention or 
primary? (343) 

16. Suppose the party is a new one or did not get three per 
cent of the votes? (343) 

17. What provision is made for independent voting? (344) 

18. Who counts the votes cast in the county? (345) 

19. Does he use the ballots or poll books for that purpose? 
(345) 

20. Who gets the certificate of election? {345) 

21. What does he do in reference to the vote for state of- 
ficers, etc.? (345) 

22. Who casts up the votes for those officers? (345) 

23. What is done with the tickets offered to the judges of 
election? (346) 

24. What are the hours of voting? (347) 

25. How many precincts in St. Louis and Kansas City? (348) 

26. Who take the place of county court in those cities? (34^) 
2'/. How are they chosen? (348) 

28. Who casts up the votes cast in those cities? (348) 

29. Where are voters registered? (349) 

30. How is the registration made in cities having between 25 
and 100 thousand population? (349) 

31. By whom is it done in larger cities? (349) 

32. Why does registration seem necessary? (349) 
Z2>- Who may vote in ^Missouri? (350) 



CHAPTER X. 

TAXATION. 

351. Importance of Subject. — IVIuch has been said in 
previous chapters about taxation. It is the subject in which 
every citizen is constantly interested. It can never grow old. 
while government lasts. Nor can it ever be said tO' be settled. 
A rate of taxation which was just ten years ago may be unjust 
in ten years from now, or a method of taxation which was once 
wise may no longer be wise. 

352. Purpose of Taxation. — Taxes are the burden 
which the people bear for the support of government. In 
return for those taxes, the people should be given the best 
government that can be had for that amount of money. jSIoney 
raised by taxation does not belong to the officers ; it can be 
used by them only for the purposes for which it was raised. 
Of course, a part of it will be used tO' pay officers for the 
work they perform for the government, and that is just. 
O'fficers are necessary for the performance of the work which 
the people wish the government to do for them : they are the 
government's agents, its trustees, its representatives. Thus, 
the teacher of a public school, the circuit judge, the Governor, 
are government officers, and much of the moneys raised by 
taxation may be consumed in paying them and other of the 
various officers of the government for the work they do for 
the government, but government does not exist simply to pay 
salaries to officers. The purpose of government is "to pro- 
tect the people in their right to life, liberty and the pursuit of 

(320) 



TAXATION. 321 

happiness ;" to "promote the general welfare of the people," 
to maintain the public peace, to keep men from injuring eaA:h 
other, to establish law and order. Every duty of government 
is comprehended in some one of these purposes and the people 
are taxed to pay the government's expenses in carrying out 
these purposes. They cannot justly be taxed for any other 
purpose. But the government can act only through officers. 
A government could no more be maintained without officers 
than a large store could be conducted without clerks. But 
officers cannot justly be expected to leave their private busi- 
ness and perform for nothing' the duties which the government 
imposes on them, and hence a part of the taxes must always 
go towards paying them for their services. But unless the 
office accomplishes some good purpose, unless it is in some way 
useful to the people, it sh'ould be abolished, and that much 
taxes saved to the people or applied in some other way. 

So the questions of how much tax shall be levied, on what 
things, and how it shall be expended, are ever-present, and 
every man who pays taxes is concerned in them. 

353. Why the People are Taxed. — Taxes are collected 
for the support of the government. The government has 
no way of its 'own to maice money. It cannot engage in farm- 
ing or merchandising or other business for gain. It has no 
money except what it takes from the people. 

354. Exemption From Taxation. — Certain property is 
exempt from taxation. No court house, no city hall, no school 
house, no cemetery, no public street or road, is taxable ; nor 
is any building belonging to any county or to the State or to 
the United. States. Nor is any church or hospital or school or 
lodge building, used exclusively for religious or charitable 

21 



322 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

or educational purposes, to the extent of one acre if located 
within any city, and to the extent of five acres if situated out- 
side of the city, taxable. But all real estate belonging to the 
church or school or lodge in excess of one acre or five acres, 
as the case may be, is taxable for all purposes. But no other 
property (except the endowments of such schools, etc.) is 
exempt from taxation. For the payment of private debts, 
the homestead and certain private property of the home- 
steader cannot be sold; but the homestead is taxable just the 
same as other property. 

But no property is free from paying its share of benefit 
assessments. For the construction of sidewalks, and macad- 
amizing streets, and the building of district sewers, churches 
and private school lots and private cemeteries and private 
hospitals must pay their just proportion of the cost, just as' lots 
occupied by stores and banks. 

355. Uniformity of the Tax Rate. — The amount of 
direct taxes each person must pay, in every case, except poll 
taxes, depends on the amount of property the person owns. 
All the property any person owns is required to be assessed 
or valued, and then the law fixes a uniform rate of taxes 
against property according to its value. That rate is a certain 
per cent of the assessed value of the property taxed. For 
school purposes it is the same against all property in the school 
district, for city purposes it is the same against all property 
in the city, for county purposes it is the same against all 
property in the county, for state purposes it is the same against 
all property in the State. It, of course, may be higher in one 
city than in another, or in one county than in another, or in 
one school district than in another; but all the inhabitants in 
the city, or the county, or the school district, must pay the 



TAXATION. 323 

same numljcr of cents for eacli hundred dollars' worth of 
assessed property they possess, and the only way they can 
escape taxation is to escape assessment, and the only way 
they can escape assessment is to either dodge the assessor anrl 
conceal their property or to falsify to him the amount of prop- 
erty they own. 

356. Separate Taxes for Separate Purposes. — There is 
a tax for school purposes, and another tax for city purposes, 
and another for county purposes, and another for state pur- 
poses, and each property-owner must pay taxes for these 
various purposes. The inhahitants of nO' city, for instance, can 
escape taxes for state or county or school purposes simply 
because they pay taxes for the sup])ort of the government of 
the city in which they live. The cit\-, the count}-, the school 
district are all separate subdivisions of the government, and 
for the support of government in each, separate taxes are 
levied, and when collected can be used only for that purpose. 
There are other duties of government which cannot be ])er- 
formed by any county, or city or school district, but only by 
the State as a whole, and hence taxes must also be collected 
to support the State government. 

357. Place of Taxation. — Real estate (and that means 
lands or lots, and the houses and buildings thereon) is taxed 
in the county, or city or school district in which it is situated. 
IJut personal pro])erty (and that means almost all other ])roi)- 
erty, such as cattle, notes, money, wagons, etc.), is taxed in 
the county, city or school district in which the owner resides. 
The law phrase is that ''personalty follows the person." That 
means that the resident in the country may have a great deal of 
personal property, such as moneys or notes, etc., in a city, but 
it is not taxable in that cit}- for city or school purposes, but is 



324 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

taxable for school purposes in the country district in which 
he resides, and not for city purposes at all. 

358. Time of Assessment. — The owner of property 
may be at one place on the first day of June and at another 
place on the day he is actually assessed. In order that he 
may not be taxed twice the law does not seek to know the 
amount of personal property he owns on the day he is actually 
assessed, but the amount he ow^ned on some recent day in the 
past. That day is by law the first day of June. He may be- 
tween the first of June and the day he is actually asses.sed 
move to another place, but he is assessable at the place at 
which he resides 'on the first day of June, and all the personal 
property he owned on that date wherever situated is taxable 
at that place. He is also taxable on all the real estate which 
he owned on the first day of June, but that is taxable where 
it is. 

359. Rate for State Purposes. — The annual rate of 
taxation for State purposes was by the present Constitution 
to be fixed at twenty cents on the hundred dollars valuation 
until all the property in the State should reach nine hundred 
million dollars, after which it was not to exceed fifteen cents 
on the hundred dollars. The assessed value of all property in 
Missouri is now over one billi'on dollars, and, therefore, the 
tax rate for ordinary state purposes cannot now exceed fifteen 
cents. Hence, one whose property is assessed at $1,000, will 
pay $1.50 taxes for ordinary state purposes. 

360. Rates to Pay State Debt.— The Constitution also 
provided that a tax of ten cents on the hundred dollars valu- 
ation should be levied annually to pay the interest and a part 
of the principal of the state debt. All the state debt except 
that due the Seminary Fund and the Public School Fund had 



TAXATION. 325 

been paid by 1903, and in 1902 the Constitntion was so 
amended as to provide that only so much tax to pay the state 
debt shall hereafter be levied as is necessary to pay the interest 
on the debts due those funds. The tax necessary to pay that 
interest amounts to about two and one-half cents on the hundred 
dollars valuation each year, and cannot exceed three cents, 
and all moneys raised for that purpose can be used for no 
other. 

361. Licenses and Fees. — But the taxes spoken of in 
section 359 do not constitute all the state revenues ; in fact, 
scarcely one-half of them. Nearly half of those revenues, in 
some years more than half, are raised by license fees collected 
from saloons, inspection fees collected for the inspection of 
beer, license and other fees collected from insurance companies, 
commission fees collected from notaries public and other of- 
ficers commissioned by the Governor, and incorporation fees 
collected from corporations permitted to do business in this 
State, and other fees collected from other things. 

362. Rate for County, City and School Purposes.— The 

rate of direct taxes for county purposes has been discussed in 
the chapter 011 Counties, and that for city purposes in the chap- 
ter on Cities, Towns and Villages, and that for school pur- 
poses in the chapter on Public Schools. 

363. License Taxes. — The State, the county and the 
city have other ways of raising revenue besides a direct ad 
valorem tax levied against property. They do so by means 
of some kind of license or inspection tax. The State imposes 
a license on insurance companies for the privilege of doing 
business in the State, and an inspection fee against beer to 
pay the cost of inspecting the beer to see that it is made of 
certain substances and a proper proportion of each substance. 



326 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

The county ma}' impose a license tax on saloons, and on shows 
and circuses,, on peddlers and auctioneers, on private bankers 
and brokers, and some other things. The city may impose a 
license tax on saloons, on dray wagons, merchants, breweries, 
shooting galleries and on hundreds of other things. In this 
way the revenues of the State, and of the county and of the 
city may be increased. A school district can levy no license 
tax of any kind. 

364. Occupation Taxes. — Every city is given power 
to levy a tax on merchants, peddlers, shows, shooting galleries, 
vehicles and dray wagons, for the privilege of doing business 
in the city. Such a tax is called an occupation tax. Such 
taxes are usually small, and ought always to be commensurate 
with the advantages which such persons have over other per- 
sons. Thus, a dray wagon will use the streets more than an 
ordinary buggy or wagon ; the policeman will spend more time 
in preserving order about a store than a private residence ; in 
a certain district a fire would cause far more damage than in 
other parts of the city, and hence more caution will be taken 
to prevent fire there. It is nothing but right, therefore, that 
the owner of the dray wagon, the merchant or the factory 
owner, should pay some additional tax for the special privilege 
or favor he enjoys, and that is the reason for levying occupa- 
tion taxes. They are taxes which persons wishing to carry on 
a certain kind of business must pay for that privilege. A 
saloon license is such a tax. An auctioneer's license is such 
a tax. So is a license to a circus and many other things. 
Every city is given the right to levy an occupation tax on many 
kinds of pursuits, and the larger the city (that is, the higher 
is its class) the more of such things it may tax. But no city 
can impose such a tax on anything unless the Legislature has 



TAXATION. 327 

in so nian\' words given it power U) do so. All license taxes 
of every kind, whether levied for state, or county or city pur- 
poses, are in a sense occupation taxes. They are all charges 
for the privilege of doing an unusual kind of business. They 
cannot be levied in any case except where the Legislature by 
a general law authorizes them to be levied. 

365. Saloon Licenses. — A majority of the qualified 
voters of each city having twenty-five hundred inhabitants or 
more, at an election held for that purpose, can altogether pro- 
hibit the sale of intoxicating licjuors within the city; and a 
majority of the qualified voters in the county residing out- 
side of any such city can in the same way prohibit the sale of 
intoxicating liquors in the rest of the county. This may be 
done under what is known as the Local Option Law, which 
has been a law of this State since 1887. It gives the people 
of each community the right to decide wdiether or not they 
will permit saloons to exist in their midst. If the law has once 
been adopted it remains in force until the question is again 
submitted to the voters, but when it has once been legally sub- 
mitted, whether adopted or not, it cannot again be submitted 
for four years. 

But if the people do not adopt the Local Option Law, 
the county court may grant to the owner of a saloon a license 
to keep a dramshop by charging him a county license tax of 
not less than $250 nor more than $400 for each period of six 
months, and in addition a state license tax of not less than $50 
nor more than $200 for the same period. Between these 
limits the amount of both the state and county tax is deter- 
mined by the comity court, which in almost every case fixes 
the state tax at $50, and in about one-third of the counties the 
county tax at something over $250, in a few cases at $400. 



328 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

In addition to the state and county tax, the ma}'or and 
council of each city can also fix a city license saloon tax at 
whatever sum they may wish. They can make it as high as 
they wish or as little as they please, and' if they prefer they 
can refuse to assess any license tax against saloons whatever. 
But as a matter of fact in some cities it is fixed at $1,200 a 
year, and in most cities of the third class and in many of the 
fourth class it is $1,000 a year. But the city can license no 
person to keep a dramshop unless he has heen licensed by the 
county court, and the court can grant no license unless the 
applicant first pays the state and county license tax, nor can 
that court make the tax less than $250 for the county license 
and $50 for the state license for a period of six months. 

366. License, How Obtained. — The county court can- 
not grant a saloon license in towns having two thousand in- 
habitants or more until the license is petitioned for by a ma- 
jority of the tax-paying citizens of the block in which the 
dramshop is to be kept ; and a license to keep a dramshop in 
a town having less than two thousand inhabitants can not be 
gTanted until a majority of the tax-pa}ing citizens of the block 
in which the saloon is to be kept and also a majority of those 
of the town, sign a petition asking that such license be granted. 
And the words "tax-paying citizen" do not mean voters, but 
mean all persons owning property assessed for purposes of 
taxation, whether they be men, women or minors. The peti- 
tion must be renewed each year. Nor is the court even then 
compelled to grant the license. It is not compelled to do so 
until two-thirds of the tax-paying citizens in the block, or in 
the block and town, as the case may be, sign the petition, and 
even then the court must refuse the license if the applicant 
is not a law-abidinsr citizen. The license cannot be issued in 



TAXATION. 329 

any case, unless at least a majority of the tax-paying citizens 
sign the petition, and the applicant is shown to be a law-abid- 
ing- citizen, and even then the court may withhold the license 
unless the petition is signed by at least two-thirds of the tax- 
l^aying citizens. 

367. Saloon Tax, How Used.— Two-thirds of the 
money derived from county saloon license taxes must be used 
in improving the public roads and bridges of the county, and 
the other third goes into the general revenue fund of the 
county, and may be used as other general revenue. Tlie saloon 
license tax collected by the city may be used in paying any cur- 
rent expenses of the city, unless the city and the surrounding 
country not exceeding six miles square have been org-anized 
into a special road district. In that case, one-fourth of the 
dramshop license tax collected by the city is used in improving 
the public roads lying outside the city limits, and is turned 
over to the road commissioners to be used in that way. 

368. Revoking License. — The license though once 
granted may be revoked for selling or giving away intoxi- 
cating liquors to an habitual drunkard, or for selling or giving 
them away on Sunday or on a general election day, or for 
keeping a disorderly house. And for selling or giving such 
liquors to minors vv^ithout a written permission of the parent, 
the parent may recover $50 from the saloonkeeper or his 
bondsmen by suit, and in addition he may be fined as much 
as $200; and for selling or giving away on Sunday or a gen- 
eral election day he may be fined a like sum ; and if he sells 
or gives intoxicating liquors to an habitual drunkard after 
having been notified in writing by the wife, mother, sister, 
brother or child not to do so, such wife or mother may recover 
not less than fiftv nor more than five hundred dollars in a 



330 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

civil suit. And every county court is forbidden to issue a 
license to a saloon keeper whose license has once been revoked 
or who has been convicted of a crime. 

369. Excise Commissioner. — ^In the city of St. Louis 
there is an officer appointed by the Governor who is empo^v- 
ered to grant saloon licenses, just as county courts are in 
other counties, and for a license there a dramshop-keeper must 
pay both a city, county and state license tax just as dramshop- 
keepers in other counties and cities do. Such an officer is 
necessary there because there is no county court in St. Louis, 
and the law provides that he shall be appointed by the Gover- 
nor, rather than elected by the people, in order, as far as pos- 
sible, to relieve him from the political influence of the saloons. 

370. Poll Taxes. — A poll tax is a very old form of 
taxation, and one that all governments resort to at times in 
order to create or replenish a much-needed fund. It is a per 
capita tax ; that is, a tax levied on each person on the poll or 
list of persons of a certain age. 

Li this State a poll tax is a tax of from one to three dol- 
lars that may be levied on every able-bodied male citizen in 
the State between certain ages, usually between twenty-one 
and fifty years. In cities it goes into the city treasury, and is 
used in keeping the streets in repair. If the citizen does not 
live in a city, he is permitted tO' pay the tax either in money 
or by working on the roads. It cannot be collected for both 
county and city purposes ; if the city is authorized to levy it, 
the county is not. The county court is required to- levy it on 
all able-bodied male citizens of a specified age who reside out- 
side certain cities, but on no other persons ; and inside those 
cities the mayor and council may levy it, and in some cities. 



TAXATION. 331 

especially in those organized as special road districts, are re- 
quired to levy it. 

Questions on Chapter X. 

1. What is said of the subject of taxation? (351) 

2. What are taxes? (352) 

3. What are the people entitled to in return for taxes? (352; 

4. Read the whole of section 352. 

5. Why are taxes collected? (353) 

6. Does the government have any way to make money? (353) 

7. What property is exempt from direct taxes? (354) 

8. Does this exemption apply to benefit assessments? (354) 

9. Upon what does the amount of taxes one must pay de- 
pend? (355) 

10. What further is said about uniformity of taxation? (355) 

11. Must separate taxes be levied for separate subdivisions of 
government? (356) 

12. Where is real estate taxable? (357) 

13. Where is personal property taxable? (357) 

14. As of what date are taxes assessable? (358) 

15. What is the rate now for state purposes? (359) 

16. What is the present state debt rate? (360) 

17. How else are the State's revenues increased? (361) 

18. How else may the county increase its revenues? (363) 

19. How else may the city increase its revenues? (363) 

20. Can a school district levy a license tax? (363) 

21. What is said of occupation taxes? (364) 

22. Give some examples of an occupation tax. (364) 

23. When may such taxes be levied? 364) 

24. Can the people of a locality prohibit altogether the sale of 
intoxicating liquors? How? (365) 

25. What saloon license taxes may the county court levy? 
(365) 

26. What saloon license tax may the city levy? (365) 

27. What is necessary to get a license in a town of 2.000 in- 
habitants? (366) 

28. In a town of less than 2,000? (366) 

29. What do the words "tax-paying citizens" mean? (366) 

30. How often must the petition be renewed? (366) 



332 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

31. When must the court grant the license? (366) 

S2. How is the saloon tax used? (367) 

33. When may the license be revoked? (368) 

34. What are the penalties for selling to minors? (368) 

35. For selling on Sunday? (368) 

36. For selling or giving to an habitual drunkard? (368) 

37. By whom are saloon licenses granted in St. Louis? (369) 

38. What are poll taxes? (370) 

39. For what are they used? (370) 



CHAPTER XI. 

LANDS AND MISCELLANEOUS MATTERS CON- 
CERNING LANDS. 

371. Congressional Townships. — Congressional town- 
ships are to be distinguished from municipal townships. The 
municipal township is an irregular subdivision of a county 
made by the county court. A Congressional township is a 
square body of land bounded by hues running east and west 
which are crossed by other lines running north and south in 
such manner that each side of the square is six miles long. It 
is a regular subdivision of nearly all of the lands of the county 
west of the Mississippi river, and in other parts of the United 
States, made by Government surveyors, for the ready convey- 
ance of land to purchasers. Here these subdivisions were 
made about the time Missouri became a State, in accordance 
with an act of Congress, and hence their names. 

372. Necessity of Understanding Them. — We have all 
heard of sections, townships and ranges in describing land 
transfers. These terms are used in finding or "locating" every 



. LANDS AND MISCELLANEOUS MATTERS. 333 

farm in almost every county, and in laying out every town and 
city in the State, and in levying taxes. 

373. How Made. — The Government surveyors first 
agreed upon "base lines" and "principal meridians." There 
are many of these in the United States, but the base line from 
which Missouri lands were surveyed runs east and west 
throug-h Arkansas, near the center of that State, and within a 
few miles of Little Rock, and the principal meridian from 
which these surveys were made is the Fifth Principal Meri- 
dian, which runs north and south through the eastern part of 
the State, about thirty-six miles west of St. Louis. It is 
fourteen degrees of longitude west from Washington. 

374. Ranges. — Other lines parallel with the Fifth 
Principal Meridian, and just six miles apart, were run by the 
surveyors, and all the territory between any two of these lines 
is called a range. All the land within six miles of the Fifth 
Principal Meridian is in Range i, and that between the next 
two range lines is in Range 2, and so on westward to the 
western border of the State, and eastward to the Mississippi 
river. A range then is six miles wide. If your range is 21 
west, that indicates that there are twenty ranges between 
yours and the Fifth Principal Meridian, and that you live west 
of that meridian. 

375. Townships. — ^Other lines six miles apart and 
parallel with the base line, are run east and w^est through the 
State, so that the whole State is divided into a kind of checker 
board, or squares of six miles. Each of these squares is a 
Congressional township. These townships are numbered con- 
secutively north from the base line. If you live in township 
49, that indicates that there are forty-eight townships south of 



334 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

yours between you and the base line, and it also indicates that 
every township due west or due east of yours, entirely through 
the State, is also numbered 49. 

376. Sections. — Each Congressional township is di- 
vided into sections. A section is a piece of land one mile 
square. So each township contains thirty-six sections. These 
are also numbered. The first section in the northeast corner 
of the township is section i. The one just west of it is sec- 
tion 2, and so on to the last section in the northwest corner 
of the township, which is section 6. The one just south of sec- 
tion 6 is section 7, and the one just east of that is section 8, 
and so on to the last section at the east side of the township, 
which is section 12. Right south of section 12 is section 13, 
and then the count is back to the west again, and then back 
to the east, and so on in this looping order until section 36 
is found in the southeast corner of the township. The corner 
of each section was orginally marked by a long stone set into 
the ground, and township corners by yet larger stones. 

377. Subdivisions of Sections. — Each section is divided 
into four parts, called "quarter sections." They are the north- 
east quarter, the northwest quarter, the southeast quarter and 
the southwest quarter. Each contains one hundred and sixty 
acres. And each quarter section is again divided into four 
equal squares, so that forty acres in the southeast corner of the 
section is described as the southeast quarter of the southeast 
quarter. 

378. How Used. — This system of describing land is 
used in conveyancing, or in making deeds, and in levying 
taxes. In a deed to a farm the land is rarely described in any 
other way, but the building or lot in a town or city is described 



LANDS AND MISCKLLANEOUS MATTERS. 



335 



in deeds by the number of the lot, the number of the block, 
and the name of the addition wherein it is located. But these 
numbers have been made to conform to a plat of the town or 
city, recorded with the recorder of deeds, which plat was 
arranged from the num.bers of the section, township, and 
range. So that this United States Surveyor's system is the 
basis for describing real estate in all deeds and in levying 
taxes. 



For a better understanding of ranges, townships and 
sections this diagram is subjoined, showing certain lands 
in Saline county: 

N 



TOWNSHIP 
51. 

Range 21. 


TOWNSHIP 
51. 

Range 20. 


TOWNSHIP 
50. 


6 


5 


4 


3 


3 


1 


7 


8 


9 


10 


11 


12 


18 


17 


16 


15 


14 


13 


19 


20 


5 

31 




23 


33 


34 


30 


29 


28 


27 


26 


25 


31 


32 


33 


34 


35 


36 



336 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

379. Deeds. — A deed is a written contract by which 
land is conveyed from one person to another within the hfe- 
time of both. The person who makes the deed is called the 
grantor, and the person to whom the land is conveyed, the 
grantee. If the grantor guarantees that the grantee is to 
have a perfect title, the deed is a warranty deed ; if he simply 
conveys all the title he owns it is a quit-claim. Deeds are the 
instruments by which people convey land while they are liv- 
ing. But in order to convey the land the deed must be de- 
livered, but when signed and delivered it conveys the title it 
purports to convey at once. 

380. Acknowledgment and Record. — A deed signed by 
the owner of land and delivered conveys to the grantee all 
his interest in the land ; but in order to be recorded it must be 
acknowledged. That means that the grantor goes before a 
notary public or a justice of the peace or some other public 
officer and acknowledges that his signature to the deed was 
his "free act and deed," and then that officer attaches his cer- 
tificate to the deed, showing that it has been so acknowledged. 
Then the deed can be recorded by the county recorder, and 
from that time on the record is notice to all the world that 
the land has been conveyed to the person named as grantee. 

But suppose the grantee does not have his deed recorded, 
and the grantor after he has made him a deed makes one to 
another person and that, person without any knowledge of the 
prior deed puts his deed of record ; that other person then has 
a prior right to the land. So, the necessity of recording a deed 
as soon as it is made. The purpose of recording a deed is 
to give other persons notice that you are the owner. After 
the deed is recorded, if any person buys the land from the 



LANDS AND ^IISCELLANEOCS MATTERS. 337 

same grantor he is chargeable with notice that it had been 
previousl}' conveyed to you. 

But a deed cannot be recorded unless it is first acknowl- 
edged ; so, the necessity of a good acknowledgment. 

381. Transfer by Will. — Lands can also be conveyed 
by wills. The owner may make a will, and retain the land dur- 
ing his life, and after his death his will goes into eli'ect, and the 
person to whom he has given the land becomes the owner. This 
is a marked distinction between deeds and wills ; a deed must 
take effect within the life of the grantor, if at all, and can take 
eft'ect only on delivery to the grantee or to some person for 
him, but w^hen delivered it becomes a complete contract, and 
cannot be revoked by the maker ; a will never takes effect 
until the death of the maker, and does not have to be delivered 
to the devisee during the life of the maker, and can be re- 
voked by him at any time during his life. 

382. Partition of Lands. — If the owner of land dies 
w^ithout a will, the land (if he has no debts) goes to his heirs, 
and the law^ declares just what portion each is to have. They 
can agree upon a division among themselves, and make deeds 
to each other. But rf they cannot agree, any heir can go into 
court, and ask the court to make the division for them. The 
court wall appoint commissioners to divide or partition the 
land among them, according to their legal rights, if that can 
be done, but if that cannot be done, the court wall order the 
land to be sold, and then will divide the money among the 
heirs. That is called a partition suit or a proceeding in par- 
tition. 

Usually the maker of a will divides up his land among 
his devisees by the will itself by giving to each a certain tract 

22 



338 CIVIL GOVERNMENT OF THE STATE OE MISSOURI. 

or a certain lot. But if he does not do that, but gives his 
lands to two or more devisees, without mentioning which por- 
tion each is to take, they can divide them among them.selves, 
or resort to a partition suit for the purpose. 

383. Title. — Title is the foundation of one's owner- 
ship of real estate : it is the written instruments whereby his 
right to the land is established. It consists of a patent from 
the United States, and all deeds and wills concerning the land 
from the date the patent was issued up tO' the present tinw 
To be a perfect title each deed in the series must be a per- 
fect instrument and the maker thereof must have been the 
actual owner. Such a "chain of title" is rare. But the Legis- 
lature has provided against any injury that might result to 
the actual owner because of these imperfections, in the Statute 
of Liniitatioiis. By that statute any person who' has been in 
actual, adverse and exclusive possession of property for ten 
years, claiming to be the owner, is the owner, and can not 
be dispossessed unless the person out of possession and claim- 
ing to be the owner and to have a title is a minor or a married 
woman or a remainderman, in which case the possession of the 
actual occupant must be for a longer term of years. This 
is one of the most beneficent statutes ever written. If it were 
repealed the greatest confusion would result, and no house- 
holder would be secure in his home. 

384. Remainders. — Both by deed and by v^^ill all the 

owner's right and title to land may be conveyed to one per- 
son, or it may be conveyed to one for life and to another 
thereafter. The person who takes tlie estate for his life 
is called the life tenant, and the person who next takes is 
called the remainderman and the estate he takes is called 
the remainder. The life tenant does r.ot take the title ; 



LANDS AND MISCELLANEOUS MATTERS. 339 

he only takes a lifetime use. The remuiiulernian takes the 
title, but his right to the use and possession is postponed until 
the death of the life tenant. In this way the owner of land 
may keep it in his family for many years after his death. Thus, 
if he gave to his daughter Jane a certain house and lot tc be 
held and enjoyed by her during her natural life and after her 
death by the heirs of her body then living, she could hold and 
use it so long as she lived, or she could sell her right to its 
use during her life, but she could sell no more, and at her 
death her descendants then living would at once become the 
owners and entitled to the possession, but they would at no 
time while she lived be entitled to the possession, nor would 
they be barred from asserting their right to possession on her 
death by the statute of limitations, although she may have 
l^een in possession for thirty or forty years, for until her 
death the possession of no one can be adverse to them. In 
this way the owner of land may keep it in his family at least 
during the life of his own children. 

385. Homestead. — The law believes society is stronger 
if every family has a home. In this State the residence of 
the head of a family cannot be taken for his debts, and his 
widow and minor children are entitled to live in the residence 
owned by him at his death — the widow during her life or 
widowhood, and the children while they are minors. But there 
can be no homestead as against the debts made prior to the 
time the husband acquired and occupied his residence, nor can 
the homestead in the country exceed one hundred and sixty 
acres of land nor $1,500 in value, but so much of the one 
hundred and sixty acres can be retained by the husband dur- 
ing his life, and by the widow and children after his death, 
as is worth no more than $1,500. In cities and towns the 



340 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

maximum value and size of tb.e homestead depend on their 
population. In smaller towns the maximum value is $1,500, 
and the maximum size not more than five acres. In the larger 
cities this value is larger and the amount of ground less. 

386. Dower. — In addition to her homestead in her 
husband's residence, the widow is entitled to a dower of one- 
third of all the other land he owned at any time during their 
marriage, not by her deeded away while he lived, and she is 
entitled to a child's share in his personal estate. If he made 
a deed to a piece of property in which she did not join, her 
do'wer remains and may be recovered by her after his death. 
But a dower only lasts for life. It is extinguished by her 
death. But instead of this lifetime interest of one-third of 
her husband's real estate the widow may take, if she desires, 
a child's share. If there is only one child, her share then w^ill 
be one-half of the husband's real estate after his debts are 
paid. If he dies without children or other descendants, her 
dower is one-half of all the property he owned after the debts 
are paid, not for life only, but absolutely. 

387. Curtesy. — The husband's curtesy is somethino- 
like the widow's dower. It is a lifetime use of the lands 
owned by the wife at her death. But in order that lie may 
have this interest he must have had the possession and u^e 
of the property during the marriage, and a child must have 
been born alive of the marriage. If the child survives her he 
has only a lifetime use of the wife's lands. But if she die 
leaving no children or other descendants, he is entitled to one- 
half of all her property absolutely, and, if a child was born of 
the marriage, to the use of the remaining half of her real 
estate of which he had the possession during the marriage. 



LANDS AND MISCELLANEOUS MATTERS. 341 

388. Wills and Heirs. — Every person may make a will 
for the disposal of his property after his death, and he may 
give his property to whom he pleases, except that the husband 
cannot deprive the wife of her dower or homestead interest, 
nor can the wife deprive her husband of his curtesy. But a 
father by will may disinherit one or all of his children, and 
so may the mother. 

But if the father die leavmg no will his property goes as 
the law directs ; that is, after the payment of his debts, his 
wife gets her share (dower and homestead and one year's 
provision for the support of the family, the family furniture 
and about v$40O worth of other things and a child's share in 
the rest of the personalty), and the balance goes to his chil- 
dren in equal shares, and if a child has died leaving children 
they get a child's share. 

If a husband die leaving no will, and no children or other 
descendants surviving him, his wife gets one half his prop- 
erty, and the balance goes to his next of kin, that is, to his 
father and mother, brothers and sisters, or their descendants, 
in equal proportions ; but if he have no such kindred, then 
all his property goes to his wife. 

If the wife die leaving no will her property goes to her 
husband and children or other near relatives in almost the 
same way as does the husband's property in case of his death ; 
that is, after the payment of her debts, the husband gets his 
curtesy, and the balance goes to her children in equal pro- 
portions. If she leave no children or other descendants, her 
surviving husband gets one-half of all her property absolutely, 
and if a child had been born of the marriage and died, a life- 
time use of the other half of her real estate, but the other half 
of her personal property and the title to the other half of the 



342 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

real estate and its use after his death, go in equal proportions 
to her father, mother, brothers and sisters, or their descend- 
ants, if any there be, but if there are none, then all her prop- 
erty goes to her surviving husband. 

If the nearest relative the husband has is a first cousin, 
and he leaves no will, the wife gets all his property. Like- 
wise if the nearest relative surviving the wife is a first cousin, 
and she leaves no will, the husband takes her entire estate. 

Questions on Chapter XI. 

1. What is a municipal township? (371) 

2. A Congressional township? (371) 

3. What terms are used in locating land? (372) 

4. From what two lines were lands in Missouri surveyed? 

(373) 

5. How were the ranges made? (374) 

6. What is the first six miles strip? The next? (374) 

7. What other lines were run? (375) 

8. What is each square? (375) 

9. How are they numbered? (375) 

10. How is each township divided? (376) 

11. How are they numbered? (376) 

12. How is each section divided? (377) 

13. How is this system of describing land used? (378) 

14. How is a building in town described? (378) 

15. What is a deed? (379) 

16. What are the parties to the deed called? (379) 

17. When is the deed a warranty? (379) 

18. When a quit-claim? (379) 

19. What is necessary in order for the deed to convey land? 
(379) 

20. What must be done before the deed can be recorded? (380) 

21. What does that mean? (380) 

22. What does the record become? (380) 

23. What is the purpose of recording a deed? (380) 

24. How else may land be conveyed? (381) 

25. When does a deed take efifect and when a will? (381) 



LANDS AND MISCKI.LANl^OUS MATTERS. 343 

26. How arc lands divided ui)oii the deatli of the owner? {3^^) 

27. What is title? (383) Of what does it consist? (383) 

28. Are there many perfect chains of title? (383) 

29. How has the Legislature provided against injury because 
of imperfections in the title? (383) 

30. How does that statute do that? (383) 

31. How may lands be conveyed? (384) 

32. Who is the life tenant and who the remainderman? (384) 

33. What does the life tenant take? (384) 

34. What does the remainderman take? (384) 

35. What advantage does this give the owner of land? (384) 

36. What is said of homestead? (385) 

37. What is the size of the homestead? (385) 

38. What is dower? (386) 

39. What may she have in lieu of the lifetime interest? (386) 

40. What is her dower if he had no children? (386) 

41. What is the husband's curtesy? (387) 

42. What is necessary for him to have curtes}^? (387) 

43. What may the owner of property do by will? (388) 

44. If the father dies without will, how does his property go? 
(388) 

45. Where does the husband's property go if he die without 
will or descendants? (388) 



CHAPTER XII. 

CORPORATIONS. 

389. Formation and Explanations. — Any man or 

woman over twenty-one years of age, whether married or nn- 
married, can make contracts, own property and engage In any 
kind of lawfnl bnsiness. That is bnsiness by a natnral per- 
son. 

Two or more of such persons may associate themselves 
into a partnership, and in the name of that partnership trans- 



344 C1\'1L GOVERNMENT OF THE STATE OF MISSOURI. 

act a certain kind of business or many kinds. Each of the 
partners puts in a certain amount of the capital which is 
used for the partnership business, and he is entitled to his 
proportionate share of the profits, but he is responsible for all 
its debts, whether they were made by him or by some other 
partner who had authority to make them, but before he can 
be held individually responsible all the partnership funds nuist 
be exhausted to pay the partnership debts. 

In order to lessen their individual liability men often 
form' a corporation, the members of which are never liable 
for anything more than the face value of their stock, except 
in cases of national banks, the stockholders of which are 
liable for twice the face value of their stock. Besides, there 
are some businesses too large and extensive to be carried on 
successfully by individuals or partnerships. To transact the 
larger kinds or an unusual kind of business the law permits 
corporations to be formed. 

A corporation is always a company. But corporations 
are not the only kind of companies. A partnership sometimes 
takes the name of a company, although it is usually properly 
spoken of as a firm ; and an individual can do business in any 
name he may choose to adopt. Thus, the New York Clothing 
Company may be owned by one man, named, for instance, 
John Smith. But that is not a company at all, but simply 
a name in which John Smith wishes to do business as a cloth- 
ing merchant. He cannot lessen his liabilities by doing busi- 
ness in that name, for he is liable for all the debts that the 
New York Clothing Company may make. He may wish to 
keep his clothing business separate from some other business 
he wishes to carry on, and may think he can do a better cloth- 
ing business by assuming that high-sounding name, and the 



CORrORATIONS. 345 

law permits him to do that. So also may the New York 
Clothing Company be owned by a partnership composed of 
Smith, Jones and Brown, with a capital stock of $100,000 or 
any other sum. In that case each of those three would have 
an interest in the concern, and each would be responsible for 
all its debts. And the partnership could engage not only in 
the clothing business but in almost every other kind of busi- 
ness the partners might wish to undertake in its name. It 
could own lands, deal in cement or railroad ties, or engage in 
manufacturing. 

Now if those three men wanted to incorporate the New 
York Clothing Company, either by themselves or together 
with any number of other persons, they would apply to the 
Secretary of State for a charter, stating the kind of business 
they wished to engage in, and the amount of capital the com- 
pany had and how much of it was paid up, and how much 
was paid by each one of them. If there was no other company 
already incorporated by that name, the Secretary of State 
would issue a charter defining the kind of business it could 
engage in, and thereafter it could engage in no other business, 
nor could it do business in any other name. The company 
would then issue certificates of stock to each person named in 
the charter for the amount of capital he had paid in, and the 
holders of that stock would be the stockholders of the com- 
pany. The stockholders would elect certain of their number 
to be directors, who are charged with the management of the 
company's business. The directors would elect one of their 
number president, another secretary, and another treasurer, 
and they would fix the salaries of those officers, and at the 
end of each year or oitener they would determine what rate 
of dividend should be paid to the stockholders. 



34^ CR'ir. GOVERNMENT OF THE STATE OF MISSOURI. 

380. Stockholders and Directors. — Every corporation 
must liave at least three directors, and may have as many 
stockholders as there are shares of stock. The interest of each 
stockholder depends on the number of shares of stock he owns, 
and when directors are elected he has as many votes as he has 
shares multiplied by the number of directors to be elected, and 
he can cast all his votes for one man or scatter them. Thus, 
suppose he has five shares of stock and there are five directors 
to be elected ; he can cast five votes for each of five stock- 
holders he washes to have elected directors, or he can cast 
twenty-five votes for one and none for the others. A stock- 
holder can draw nothing out of the company's treasury except 
dividends, which mean the net earnings of the business. He 
is not liable for the company's debts, and if it fails he will 
lose only what he paid for his stock, unless the charter falsely 
stated at the time the company was incorporated that a greater 
per cent of the stock has been paid up than was actually paid 
up, in which case the stockholder would be liable to the credi- 
tors of the company for what the charter stated had been paid 
up when the company was incorporated. He can sell his 
stock, and the purchaser will have the same rights as a 
stockholder that he had. He may die, but the company w^ould 
go on. His stock might be sold for his debts, and that being 
simply a piece of paper (or certificate reciting the number of 
shares he owns) is easily transferred, and hence the com- 
pany's existence would not be affected by his death, whereas 
if it was a partnership its afifairs would have to be wound up, 
its debts paid, and his share in what was left turned over to 
his administrators. 

391. Definition and Powers. — A corporation, then, is 
defined as an artificial person. It is a company which the law 



CORPORATIONS. 347 

pcrniils to be created for the transaction of a certain kind of 
business. It derives all its powers from the State, and can 
eng-age in no business except that mentioned in its charter or 
the laws, and its name must indicate the kind of business it 
wishes to carry on. It must have at least three directors and 
may have thirteen, and three of them must be residents of this 
State. 

392. Duration. — If the corporation is a railroad com- 
pany it may exist until its stockholders wish to surrender their 
charter, but nearly all other business corporations are given 
the right to exist for twenty or fifty years, but at the end of 
that time their charters may be renewed for another like 
period, and so oii indefinitely, unless the law has in the mean- 
time Ijeen changed. 

393. Ownership of Real Estate. — A corporation can 
own such real estate as is necessary for the carrying" on of 
the particular business in which it is engaged, such as its 
store or banking- house, but it can own no other real estate 
except such as it takes in payment of debts due it, and even 
that it can not retain long-er than six years. 

These are the general rules governing- business corpora- 
tions. 

394. Foreign Corporations. — Nearly every corporation 
is organized under the law^s of some State, and those chartered 
by some other State or by some foreign country are called 
foreign corporations. They have no right to do business with- 
in this State except upon such temis as the State may pre- 
scribe. Those terms are usually the same prescribed for home 
corporations. If they wish to come to this State to do exten- 
sive business they must secure a license from this State, and 
have an ofifice or place of business here, and pay the same 



348 CI\'TL GOVERNMENT OF THE STATE OF MISSOURI. 

fees for that license as a home company with a hke capital. 
If they wish to simply buy or sell goods or other commodities 
here, they are not required to have a license, but under what 
is called "comity between States" are protected in the legal 
transaction of their business. 

395. Educational and Religious Corporations. — 13ut 
there are other corporations, such as colleges or universities, 
which have charters just as do business corporations, and their 
affairs are managed by a board of directors, called curators 
or trustees. They have no capital stock, and consequently no 
stockholders, but their directors are elected by a synod or con- 
ference or an association, or by the remaining trustees when a 
vacancy occurs. They are perpetual corporations, and often 
own considerable property, which has been given them, and 
which can be used in any way that will promote the best in- 
terests of the institutions. 

396. Public Service Corporations. — Railroads and 
street railways are public service corporations. They have 
been organized for the accommodation of the general public — 
for transporting freight from one place to another and carry- 
ing persons from place to place. They are called common car- 
riers and for the service they render they are permitted to 
charge reasonable fares, but they have no authority which 
they are not specifically g-iven by law^, and being created for 
the public good the State has the right to regulate their 
freight and passenger rates and to fix them within reasonable 
bounds. It also has the powder to require them to exercise the 
strictest care and diligence to prevent accidents to passengers 
and loss of freight, and to avoid injury to persons on the 
track. 

There are other public service corporations, such as tele- 



CORPORATIONS. 349 

graph and telephone companies, electric light and gas light 
companies and water companies. All of these companies can 
exercise no power except such as is given them by law, and 
the State or the city may prescribe rules by which they may 
do business, and fix the charges for the services rendered. 

397. Municipal Corporations are cities, towns or 
school districts or other like subdivisions of the government. 
They have officers, w^ho act for them just as do^ those of pri- 
vate corporations. To illustrate, a city instead of a president 
will have a mayor, instead of a board of directors it will have 
a board of aldermen or a municipal assembly, instead of stock- 
Irolders it will have voters and tax-payers, and it will have 
such other officers as may be necessary for the transaction of 
its business, and like other corporations it can exercise no au- 
thority except such as is given it by the General Assembly. 

398. Condemnation and Eminent Domain. — Railroads 
and all municipal corporations are given powxr to take land 
for their ow^n use. A railroad may take a private house in 
town or a farm in the country for its tracks, a city can take 
private property for a street or a hospital or a city hall, and 
a school district can take a lot for a school house site. But 
none of them can take any land except for a public use, and 
they are not permitted to say what is a public use, nor is the 
Legislature, but whether or not the purpose for which it is 
proposed to take the land is a public use, is to be determined 
by the circuit court or some higher court. Nor can any of 
them take any land for a use admitted to be public without 
first paying its just value. They cannot take it with a promise 
to pay for it afterwards, but before they can touch it or in 
anywise disturb the owner in the peaceable enjoyment of it, 



350 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

they must pay for it. Nor are they permitted to decide what 
is its just value, but a set of disinterested commissioners first 
fix its vakie, and then if either side is dissatisfied he can have 
a jury in the circuit court to determine its value. But if the 
court decides that the use to which the property is to be put 
is a public use, and the railroad or city pays to the owner or 
into court for him its value as fixed by the jury, he must sur- 
render it, although it be his cherished home. 

This is called the law of eminent domain, and the suit by 
which the owner's land is taken from him is called a con- 
demnation proceeding-. The law of eminent domain is a part 
of the law of the land ; it means that the owner of real estate 
owns it subject to the right of the public to take it for a 
public use by paying for it its just value. 

No property can be taken for a private use with or with- 
out just compensation except with the owner's consent, ex- 
cept for a necessary private way to a house or farm, or a 
necessary drain or ditch for sanitary purposes ; but for a public 
use it can be taken without his consent upon the payment of a 
just compensation. 

Other public service corporations, such as water and 
light companies, have been given power to take land for a 
public use in a limited way, but no city or railroad or school 
district or other public service corporation can take any prop- 
erty for any use unless the General Assembly gives it that 
power, and even after that power has been given the courts 
will, in every case in which their aid is asked, determine 
whether the particular use to which the corporation proposes 
to put the property is a public use. 

The law of eminent domain rarely works a hardship on 
the owner of land. The public corporation has the right to 



CORrORATIONS. 351 

ai^rce witli the owner as to the value of the land it wishes to 
take for the puhlic use, and to Iniy it at a price that is usually 
satisfactor}'. And so a railroad often buys its right of way, 
and the owner of land in a city when he plats it and divides 
it into blocks and lots usually donates the streets to public 
use. But if they cannot agree and a condemnation proceeding 
is resorted to, the commissioners or jury usually fix the value 
of the land taken at all it is worth. 

399. Necessity for Corporations. — Public service cor- 
porations and many business corporations are a necessity of 
modern commercial life. Few men would now be willing to 
live fifty or a hundred miles from a railroad. Yet a rail- 
road costs so much money that few men alone are able to 
build one. They require the combined capital of a great 
many men, and for a proper handling of that combined capital 
a corporation seems to be the best plan. If only individuals 
were given the right to build them, there would not be so 
many miles of railroad in this State, nor would they be any- 
thing like so well equipped as now. 

Banks are necessary for the easy and ready transaction 
of business, but there would be few banks if there were no 
corporations to own them. Individuals die, but corporations 
need never die. If only individuals could own banks, the 
business men of the town or city would be very slow to de- 
posit their money in banks, for the owner might suddenly die, 
and then the bank's business might cease, and perhaps the 
depositors would not be able to get their money until the 
banker's administrator had wound up his estate in the pro- 
bate court ; and, besides, the banker would be slow to loan out 
his dejDosits, knowing that if he should suddenly die his de- 
positors nn'ght want their money, and if it were loaned out 



352 CIVIL GOVERNMENT OF THE STATE OF MISSOURI. 

they could not get it. But where the bank is an incorporated 
one, the president or cashier or any other of its officers may 
die or become insolvent, his place is filled by the directors, 
and the bank's business goes on with little or no interruption. 
Business men understand this fact and hence they deposit their 
money in the bank and it loans it out to borrowers who use 
it in various kinds of business and more business means more 
employm.ent for laborers. In this way banks do a great deal 
to put money to work, and to keep it at work, but their power 
to do that would be vastly less if they were not incorporated. 
Corporations for the transaction of many other kinds of 
business seem to be a necessity of a great people devoted to 
industry and to the development of the resources of healthful 
commerce. 

400. Trusts and Combinations. — But private and pub- 
lic service corporations have no natural right to exist ; they 
exist because the lawmakers, and the people who elect law- 
makers, seem to think them necessary. They derive their 
right to exist from government ; they have no power except 
what the government permits them to exercise. The govern- 
ment can, therefore, restrain them from using their powers 
in a way to injure the general public, or to be unjust to their 
employees. It can prohibit them from making combinations 
or agreements in restraint of trade. Where corporations com- 
bine to unjustly and unreasonably raise the prices of the 
things they sell or to lower the prices of things they 
buy, the combination is called a trust. Sometimes the agree- 
ment is to lessen the amount of the things they produce and 
thereby to increase their price to the consumer, and some- 
times it is for a number of corporations engaged in the same 
kind of business to consolidate into one company and thus 



CORPORATIONS. 353 

•destroy competition between themselves. The State has en- 
acted laws that make illeg-al all combinations of this kind 
which result in injury to the general public, and whenever the 
combination can be shown in court to be an unjust or -An- 
reasonable restraint of trade the court will put a stop to it, 
and if necessary to do that it will even forfeit the charters of 
the corporations in the combination and not let them longer 
do business in the State. 

401. Guiding Principles In Controlling Corpora- 
tions. — The proper control of corporations, and the prevent- 
ing of trusts, is one of the most serious question in our pres- 
ent-day politics. It is at the same time one of the hardest and 
most difficult. It is a cjuestion that the people are slow to com- 
prehend. In dealing with it the people should always have 
before their minds this question. What is best for the general 
public? And to answer that question they must have an 
intelligent understanding of the effects of large combinations 
of capital. Government must always see to it that all ener- 
getic men have the very best possible chance to make an 
honest living, and whatever combinations lessen that chance 
or weaken their powers of individual manhood must be de- 
stroyed. On the other hand it will not do to assume that all 
corporations, or even all combinations of companies, are hurt- 
ful. If properly hedged about, they may furnish employment 
to industrious persons, Avho might otherwise be idle, and they 
often result in selling to the people things for their comfort 
at lower prices than would prevail without them. But our 
Constitution says that ''all men have a natural right to the 
enjoyment of the gains of their ow^n industry." Then all com- 
liinations that interfere with that right are wrong, and the peo- 

23 



354 CIVIL GOVERN :MENT of the state of MISSOURI. 

pie through the various departments of their government should 
prevent them. Justice to all men should be the controlling 
principle in dealing with trusts, as in determining every other 
duty of man to man. 

Questions on Chapter XII. 

I. Who may make contracts? (389) 

2. What is said of partnerships and liability of partners? (389) 

3. Why do men form corporations? (389) 

4. For what other reasons? (389) 

5. Are all companies corporations? (389) 

6. How is- a partnership properly spoken of? (389) 

7. In w^hat name may an individual do business? (389) 

8. Give an illustration. (389) 

9. Could that same company be owned by a partnership? (389)' 
10. What would each partner be liable for? (389; 

u. In what business could it engage? (389) 

12. Illustrate how a corporation may be formed. (389) 

13. Having been chartered, what w^ould it do? (389) 

14. Who would be the owners of the company? (389) 

15. Who would elect the directors and who the officers? (389)- 

16. Who declare the dividends? (389) 

17. How many directors and stockholders? (390) 

18. Upon what does the stockholder's interest depend? (390)' 

19. How many votes for directors has he? (390) 

20. What may he draw out of the company? (390) 

21. What is the extent of his liability? 390) 

22. How may he withdraw from the company? (390) 
2^. Suppose he dies, must the company die too? (390) 

24. But suppose the company were a partnership, what w^ould 
be the effect of his death? (390) 

25. How, then, is a corporation defined? (391) 

26. Whence come its powers? (391) 

27. What must its name indicate? (391) 

28. The number and residence of directors and stockholders?' 
(391) 

29. How^ long may a corporation exist? (302) 

30. What real estate may it own? (393) 



CORrORATIONS. 355 

31. What are foreign corporations? (394) 

2)2. Upon what terms may they do business here? (394) 

;^2>. What is said of educational corporations? (395) 

34. What is said of railroad and street railway companies? 
(396) 

35. What other public service corporations are mentioned? 
(396) 

36. What power may a public service corporation exercise? 
(396) 

37. What are municipal corporations? (397) 

38. What similarity between them and private corporations? 

(397) 

39. What right have railroads or municipal corporations tow- 
ards private lands? (398) 

40. What must the use be? (398) 

41. Who has the right to say when the use is public? (398) 

42. When may they take land for a public use? (398) 

43. Who decides what is its just value? (398) 

44. What is the law by which private property is taken for a 
public use called? (398) 

45. And what is the suit by which that is done called? (398) 

46. Can private property be taken for a private use? (398) 

47. When may a city or railroad, etc., take private property 
for any use? (398) 

48. Does this law often work a hardship? Why? (398) 

49. What is said about the necessity for corporations? (399) 

50. Do corporations have a natural right to exist? (400) 

51. Where do they get that right? (400) 

52. What power have they? (400) 

53. How may the government restrain them? (400) 

54. Give some illustrations. (400) 

55. What laws restraining them has the State enacted? (400) 

56. What is said of the difficulty of controlling corporations?' 
(401) 

57. What must government always see to? (401) 

58. What does our Constitution say? (401) 

59. What should be the controlling principle in all public 
matters? (401) 



HISTORY OF MISSOURI. 



PART I. 

FRENCH AND SPANISH PERIOD 



CHAPTER I. 

DISCOVERIES. 

1. The First White Man. — The first white man to 
put foot on the soil of jMissouri was Hernando De Soto, in 
1 541. De Soto was a Spaniard. He had been with Pizarro 
in the conquest of Peru, and had returned from his bucca- 
neering ventures there to Spain with a fortune of a half mil- 
Hon dollars. Hearing of the wonders of Florida and the 
country beyond it, that it abounded in gold and precious 
stones, he was fired with a passion for its conquest, and ob- 
tained permission from the king to fit out an expedition for 
this purpose at his own expense. It was more like a royal 
pageant than an exploring party. His force consisted of six 
hundred followers, twenty officers, and twenty-four ecclesi- 
astics, all gorgeously arrayed in splendid armour. He landed 
in great pomp at Tampa bay in 1539, and driving a great 
number of cattle and hogs before him for food for his men, 

(356) 



DISCOVERIES, ' 357 

proceeded west. The Indians and forests interposed. His 
followers were not trained to overcome the hardships of 
either. Some were killed by the Indians, and others died 
from sickness. No gold was found. The Indians told him 
of fabulous amounts of it to be had on the Mississippi river. 
He pressed forward and reached the river near Memphis, 
Tennessee, in 1541, and pursued his way north into the 
region now known as New Madrid county in our own State, 
He then moved west, crossed the Ozark mountains, and 
spent the winter on the prairies and plains beyond, all the 
time searching for gold and silver, but finding noiie. He 
moved southward into Arkansas, reached Hot Springs and 
White river, and then came back to the Mississippi, where 
he died in the spring of 1542. The Indians believed him to 
be the Son of the Sun, who could not die. His priests, to 
conceal his death, therefore, wrapped his body in a mantle, 
sunk it at night in the great river he had discovered, and 
chanted over it the first requiem ever heard iu the Mississippi 
valley. "The wanderer," says Bancroft, "had marched over 
a large part of the continent in search of gold, and found 
nothing so remarkable as his burying place." Most of his 
followers perished before they reached Spain. 

2. French Explorations.— The Spanish, however, were 
not the first settlers. On the contrary, they did nothing 
toward colonizing Missouri, and it w^as two hundred and 
twenty years after De Soto's death till they again appeared 
on this territory. Even the part they then took was unim- 
portant. In the meantime the French, moved by a desire of 
doing missionary work among the Indians and enticed by the 
profitable fur trade, had pushed many hundred miles further 
west than had the English settlers along the Atlantic coast; 



358 HISTORY OF MISSOURI. 

had, from their homes in Canada, penetrated the forests 
around the Great Lakes, made several explorations 'of the 
Mississippi, and taken possession of the country in the name 
of France. The first of these expeditions was in 1673, by 
James Marquette. He belonged to a noble family of the 
beautiful old cathedral city of Laon in France. He was a 
kind of soldier-priest, and it was in the spirit of a mission- 
ary to the Indians that he and Louis Joliet, with five other 
men, left Quebec, which was then a French colony, and began 
a toilsome journey toward the Southwest. They discovered 
the upper Mississippi, and passed down it to the mouth of 
the Arkansas. , 

3. La Salle and the French Title.— In 1682 La Salle, 
another Frenchman from Quebec, explored the Mississippi 
to its mouth, and formally took possession of the whole coun- 
try in the name of Louis XIV., the reigning King of France, 
in whose honor he called the country Louisiana. All the lead- 
ing nations 'of Europe at that time held to the principle that 
the nation that discovered and explored a great river and 
established any considerable and permanent settlement near 
its mouth became the owner of all the country drained by that 
river and all its tributaries. The King of France made known 
to the world that he claimed the whole country drained by 
the Mississippi and its tributaries by virtue of La Salle's dis- 
coveries and within a few years permanent French settlements 
were begun at Natchez, New Orleans and at other points 
along the Mississippi, and hence France became the owner 
of the whole country. As the country now called ^Missouri 
was drained by the Mississippi and its tributaries, it was a 
part of Louisiana, and our soil first belonged to France. 
De Soto as the representative of Spain had long before that 



DISCOVERIES. 



359 



explored the great river and visited this territory, yet he made 
no settlement anywhere in the Mississippi valley, and hence 
Spain had no title to the soil. 

4. The Name Missouri. — Most of the early French 
settlements were on the east bank of the Mississippi, but in 

1705 a prospecting party of 



Frenchmen ascended the Mis- 
souri river to where Kansas 
City is now situated. This 
was the first ascent of this 
noble river by white men. It 
was first called Pek-i-ta-nou-i, 
by Alarquette, which is an In- 
dian word meaning "muddy 
water." About 171 2 it was 
first called ^lissouri, from the 
name of a tribe of Indians 
wh'Q inhabited the country at 
its mouth and along a consid- 
erable portion of its banks. 
There is no authoritv for the 




EGBERT CAVALIER DE LA SALLE. 



often repeated assertion that "Missouri means muddy." This 
definition of the word was given it after the name 'of the 
river was changed from Pekitanoui to Missouri. 

5. Interior Explorations. — An exploration of the in- 
terior of Missouri by the French was begun in 17 19. The 
authorities at New Orleans ordered the expedition, and De 
Dutisne was placed in charge of it. He started with his force 
from the mouth of Saline river, a stream about seventy miles 
south of St. Louis. He moved northwest across the Ozark 



360 HISTORY OF MISSOURI. 

mountains to the Osage river, near which he came upon a 
village occupied by Osage Indians, containing about one hun- 
dred cabins and huts. One hundred and twenty miles further 
west he found two other large villages, inhabited by Poncas 
Indians, who seemed to own many horses. He returned by 
way of the Missouri river, and took formal possession of 
the country by erecting posts with the king's arms thereon. 
After this expedition the daring Frenchmen ventured into the 
forests for purposes of hunting, trading and mining. The 
rapidity with which they came excited the .jealousy 'of the 
Spanish, who still claimed the country. 

6. The Spanish Caravan. — The Spanish authorities 
determined to destroy the power of the French along the 
Missouri and Mississippi. In 1720 they organized a motley 
troop at Santa Fe, to which was given the name of "The 
Spanish Caravan." It moved across the plains and entered 
the Missouri country. Its leader had been informed that the 
Pawnee Indians were friends of the Spanish and enemies of 
the French and Missouris. He directed his guides to lead 
him to the Pawnee camp. Instead of doing so, they led 
him to the camp of the Missouris. There he told the Mis- 
souri chief of his intention to kill all of his tribe and exter- 
minate the French. The chief heard him with silence, treated 
the caravan with hospitality, summoned his warriors, and while 
the Spanish supposed they were in the midst of their friends, 
fell upon them and exterminated the whole caravan, except 
one priest who alone survived to tell the tale. 

7. Fort Orleans. — The boldness of the Spanish Cara- 
van induced the French to send a force up the Missouri. It 
built a fort somewhere along the river, and called it Fort 
Orleans. Its exact location is not definitelv known. But it 



DISCOVERIES. 361 

is certain that it was within a few miles of the mouth of 
Grand river, and probably either on an island in the Missouri 
or within the limits of what is now Carroll county. De 
Bourgmont of Mobile was in command of this force. At this 
time a general Indian w^ar was being waged, which greatly 
interfered with the fur trade. To remedy this, Bourgmont 
undertook to make peace among the Indians. He succeeded 
in holding a council of their chiefs, on the Kansas river, where 
the pipe w^as smoked, and a general peace was concluded. 
Soon after this Fort Orleans was destroyed and the garrison 
massacred, probably by the Missouris, who were always- 
troublesome to the whites, but this point is in doubt. The 
fur trade went on, but so far there had been no permanent 
settlement within the present limits of Missouri. 

Questions on Chapter I. 

1. Who was the first white man in Missouri? (i) 

2. Describe De Soto's journey, (i) 

3. What great river did he discover? (i) 

4. Mention some French explorations. (2) 

5. What is said of Marquette? (2) 

6. Who named Louisiana? (3) 

7. In honor of what king was it named? (3) 

8. Upon what did European nations base title in the New- 
World? (3) 

9. What did France do to perfect LaSalle's discoveries? (3) 

10. Why was not Spain's claim good? (3) 

11. Where were the French settlements? (4) 

12. When was the Missouri river named? (4) 

13. What did Marquette call it? (4) 

14. Does Missouri mean "muddy?" (4) 

15. When was the interior of Missouri first explored? (5) 
Describe them. (5) 

16. Describe the Spanish Caravan. (6) 

17. What is said of Fort Orleans? (7) 



CHAPTER II. 

THE FIRST SETTLEMENTS. 

8. The First Permanent Settlement.— The first place 
settled in Missouri was Ste. Genevieve (pronounced Jen-e- 
veev) in about 1735. It was about three miles from the 
present town of that name on the Mississippi river, sixty 
miles below St. Louis. For some time daring and hardy 
Frenchmen had been gathering in and around Kaskaskia, a 
settlement in Illinois, until at this time it had about six thous- 
and people. Most of them had come in search of gold and 
silver. Some of them, under Renault, a wealthy and exten- 
sive miner, crossed over into Missouri in search of these 
metals. They found none, but they did find, lead in abund- 
ance. P'urnaces were prepared for smelting, and it was con- 
veyed in boats to New Orleans, and then to France. In 1785 
the old town was destroyed by flood, and the site of the present 
town was selected. Many settlers came from the east side of 
the Mississippi, and the town soon become an important trad- 
ing point. 

9. The Next Settlement. — The next settlement of any 
consequence was St. Louis. Its founder was Laclede, whose 
name has since been given to many business institutions in 
the State. His full name was Pierre Laclede Ligueste, but 
he was more generally known as Pierre Laclede. He was a 
man of great business sagacity. In 1762 he and some as- 
sociates obtained from D'Abbadie a monopoly of the fur trade 
with the Indians of Missouri. D'Abbadie was the civil and mil- 

(362) 



THE FIRST SETTLEMENTS. 363 

itary commander of Louisiana, and exercised a vice-regal au- 
thority. Laclede explored the regions along the Mississippi in 
search of the best point at which to establish a trading post and 
sell goods. His keen commercial sense directed him to a blufif 
on the west side of the river. Llere on the spot not far from 
where the court house now stands, on the south side of Market 
street, which took its name from the only market house the 
city contained for sixty years, he cleared away the heavy 
timber and erected his trading post, in February, 1764. This 
Avas the beginning of St. Louis. Laclede was right. It was 
the best place for trade then. It is the best now. 

10. St. Charles. — The first settlement in St. Charles 
was made by Blanchette, "the hunter," about the time St. 
Louis was founded, and was called Village des Cotes (the 
village of the hills). It was the first settlement north of the 
^lissouri river. Most of the Indian wars, massacres and ad- 
ventures which attended the early settlements of the State, 
took place here. It was here the first forts were built, and 
here the renowned Indian chief, Black Hawk, made his first 
efforts against the whites. 

11. Missouri Transferred' to Spain. — About this time 
.ended French rule in Missouri. The battle of Quebec, in 
which had met the chivalrous Montcalm and the noble Wolfe, 
the one commanding the intrepid French and the other the 
invincible English, had been fought more than four years be- 
fore. It was the end of a contest between these two peoples 
for the possession of America. It was decided in favor of the 
English, and the decision marks an epoch in the progress of 
civil liberty. France, by a treaty ratified at Fontainbleau in 
1763, gave up all her territory in America — the Canadas, and 
.all that part of Louisiana east of the Mississippi, except New 



364 HISTORY OF MISSOURI. 

Orleans, to England; and New Orleans and all the countrv 
west of the river to Spain, as an indemnification for her losses 
in the war. England thus acquired rule over the east side of 
the river before Laclede had settled in St. Louis, but Mis- 
souri belonged to Spain. England at no time before or after 
this was entitled to Missouri's soil. Because of the long war 
between England and France, the settlers along the upper 
Mississippi valley, most of whom were Frenchmen, greatly 
disliked the idea of being subject to England. It was thought 
Spain could never exercise dominion over her newly acquired 
territory, and hence many of them crossed over the river into 
Missouri. This will explain why the population increased sO' 
rapidly for the next few years, and why it was mostly French,, 
although governed by Spain. 

12. St. Ange's Rule. — Although the title to Louisiana 
was now in Spain, the officers of that nation did not succeed 
in formally taking possession of the country till 1770. Soon 
after the treaty was signed, St. Ange de Bellerive, who was 
commander for the French in Illinois, surrendered his author- 
ity to Captain Sterling, the representative of England, and 
settled in St. Louis. He was followed by many of the French 
settlers east of the river. By common consent, and probably^ 
by permission of the government at New Orleans, he was 
made the commander of the settlement. He was a wise and 
safe ruler. 

13. St. Ange and Pontiac. — St. Ange and the settlers 
were enemies of English rule, and friends to England's ene- 
mies. They were admirers and supporters of Pontiac, a power- 
ful Indian chief, who was the terror of the whites from the 
Atlantic to the Mississippi. Pontiac, aided by the French, 
among them some of the settlers along the ^Mississippi, had 



THE FIRST SETTLEMENTS. 365 

met a strong English army at Pittsburg under Braddock and 
George W^ashington, and disastrously defeated it. St. Ange 
invited Pontiac to visit him, which he did. He was enter- 
tained with great distinction at the house of Madame Chouteau 
and was visited by the principal citizens. But when France lost 
her possessions in America, Pontiac thereby lost his greatest 
support. His allies among the Indians soon afterwards for- 
sook him. Pie was crushed in spirit and sought to drown his 
sorrow in intoxicating drink. He visited Cahokia, a town 
about six miles below St. Louis, in what is now Illinois, richly 
dressed in robes adorned with eagles' feathers. Becoming 
stupefied by drink, he wandered into a thicket near the place, 
and was there assassinated by a Kaskaskia Indian, who w^as 
hired by an English trader and received a barrel of whisky 
for the murder. St. Ange had his body brought to St. Louis 
and buried at the intersection of Walnut and Fourth streets, 
close by where the great Southern Hotel now stands. Near his 
grave St. Ange was buried in after years. Houses are there 
now, and it is known by few that the great Pontiac and the 
good St. Ange lie in unmarked graves in the midst of the 



Questions on Chapter II. 

1. Where was the first permanent settlement in Missouri? (8) 

2. What is said of Renault and his followers? (8) 

3. WHien and by whom was St. Louis settled? (9) 

4. What is said of St. Charles? (10) 

5. What is said of the battle of Quebec? (11) 

6. What did France get by the Fontainbleau treaty? (11) 

7. What did Spain get? (11) 

8. Why did the French settlers in Illinois come to Missouri? 

(II) 

9. What did St. Ange do? (12) 

10. What is said of St. Ange and Pontiac? (13) 



CHAPTER III. 

SPANISH RULE. 

14. First Spanish Ruler. — The first Spanish Lieuten- 
ant-Governor, acting as a subordinate in most things to the 
Governor at New Orleans, was Don Pedro Piernas. The 
people regretted to see the flag of France lowered, and even 
shed tears when they realized that they were to be ruled by 
one of a different blood and nation from themselves. But 
their regrets did not last long. Piernas was a mild and safe 
ruler. He made few laws, and they were just and easily obeyed. 
He appointed St. Ange captain of his infantry and filled 
nearly all the subordinate ofifices with Frenchmen. He began 
systematic surveys of the lands and appointed a Frenchman 
surveyor. He further publicly confirmed all the land grants 
made by St. Ange between the time of the transfer of the 
territory from France to Spain in 1763, and the beginning of 
the Spanish rule in 1770, which grants would of course have 
been illegal had he not confirmed them. He finally won the 
entire confidence of the people by marrying a French lady, 
so that after they had known him for five years they again 
shed tears to give him up. He had found a population of 891, 
most of which was confined to St. Louis and Ste. Genevieve. 
The people were mostly French, and few of them could read 
or write. There were no schools and very little desire for 
any. But the people were honest, industrious and peaceable. 
Indeed, during the entire Spanish period of thirty-eight years, 
only one case of murder of a white man by a white man in 
St. Louis is reported. 

(366) 



SPANISH RULE. 367 

15. The Soil and Settler.— The soil at that time was 
covered with thick forests or rank prairie grass, filled with 
ail kinds of game and inhabited by Indians who lived in wig- 
wams and hnnted and fished for subsistence. The French 
settlers were possessed of an aptitude for easy and peaceable 
intercourse with the natives. They studied their language, 
took part in their sports, adapted themselves to their usages, 
humored their whims, and never ridiculed their religious ideas. 
Often the settler, of plastic temper, with a free-and-easv man- 
ner, would decorate his hair with eagle feathers, attach hairy 
fringes to his hunting shirt, and mix and mingle with the 
Indians as if they were his equal. And for these reasons, and 
because the French did not attempt to extensively cultivate 
the lands, there were fewer Indian wars in the early settle- 
ment of Missouri than in many of the other States. 

16. Houses and Ownership of Lands.— The land was 
owned largely by tenancy in common. The settlements had 
each a common in the rear of the houses, inclosing hundreds 
of acres under one fence for the benefit of all. But'the settle- 
ments themselves were compact villages, for the settlers were 
sociable and loved to congregate together. Nearly all the 
early ones were along some river. A long street usuallv ex- 
tended parallel to it. The land along it was divided into lots 
a few rods wide and perhaps twice as long. On these the 
houses were built, which were usually one story high, con- 
structed of corner posts and studs, to which were attached 
numerous cross-ties. Then a stiff mortar, made of mud and 
cut straw, was plastered on to the outside. The roof was 
shingled with bark or clapboards. The chimney was the cele- 
brated ^'stick-and-dirt chimney." It was made of rock and 
burnt clay to some distance above the intense heat of the fire, 



368 HISTORY OF MISSOURI. 

and from that distance was finished with alternate pieces of 
wood and clay plaster. The floors were made of logs with the 
tipper roundness hewn flat, or of split logs, the flat sides of 
which were turned up, and, by notching in the ends, were thus 
put on a level. These were called puncheon floors. The 
doors were hung on wooden hinges. Back of each house was 
a field, 192 feet wide and 7,800 feet long, containing about 
thirty- four acres. Each villager had 'one or more of these fields 
assigned to him, according to his desires, or the necessities of 
his family. Next to the fields was the common, stocked with 
cattle, hogs and horses, the property of all. 

17. Social Relations. — Hospitality was a duty and a 
virtue. Each house was a free hotel to the extent of its ca- 
pacity. Amusements, festivals and holidays were frequent. 
There were no statutory laws ; no trades, nor professions ; no 
courts, no prisons. The priests w^ere their instructors and 
judges in all matters of learning and religion. In politics 
they were attached to France, and were not anxious about any 
political questions, believing that France ruled the world and 
ruled it right. 

18. Settlement of Disputes. — There were no trials by 
jury during either the French or Spanish period. This great 
bulwark of English liberty — ^perhaps the distinctive charac- 
teristic of their government wherever the English race lias 
spread — had no sv/ay till after Missouri was acquired bv the 
United vStates. If one wished to recover property, or had 
committed a crime, the matter was submitted to a judge, wlio 
decided as he understood the law and merits of the ca^.ise, 
-or as his prejudices directed him. 

19. British and Indian Attack. — We have now come 
to the time of the Revolutionary War, which though frauglit 



SPANISH KUIvE. 369 

with very great consequences, yet disturbed these sturdy set- 
tlers very httle. They were French subjects of Spain, and the 
war was fought by England and her subjects. These settlers, 
removed a thousand miles from the scene of the war, therefore, 
took no part in it, except as did Spain and France, to sympa- 
thize with the Colonies and wish for their success. In 1778 
X'irginia sent out General George Rogers Clark, who cap- 
tured the British settlements in Illinois, such as Kaskaskia 
and Cahokia. The British undertook, soon after this, a com- 
prehensive movement for the expulsion of the Spanish from 
the Mississippi Valley. The plan was first to capture St. 
Louis, recapture the towns taken by General Clark, and then 
move down the river to New Orleans. In a spirit of generous 
chivalry. General Clark offered his force to Governor DeLey- 
ba, a cowardly, drunken, weak-minded Spaniard, who, in 1778, 
had succeeded Cruzat as lieutenant-governor. DeLeyba as- 
sured him there was no need of his aid, and it was therefore 
refused. The people, however, began a series of fortifica- 
tions, and constructed a rude wall, which extended around 
the city and down to the river. Four or five months passed 
and nothing happened. But, on the twenty-sixth of May, 
1780, a force of 150 whites and 1,500 Indians gathered in the 
Vvoods around St. Louis, and first captured two citizens where 
the fair grounds are now situated, and which at that time were 
outside the wall. The hostile force proceeded at once to the 
attack. In doing so they intercepted several citizens, some of 
whom they killed, others escaped and alarmed the town. The 
fort had a few cannons, and the people were well supplied with 
small firearms. With these they made a spirited and deter- 
mined resistance. The Indians were terrified by the cannons 

24 



370 HISTORY OF MISSOURI. 

and withdrew. Fifty-eight of the settlers had been killed, 
and several others taken' prisoners. During the battle De- 
Leyba, the lieutenant-governor, was aroused from a drunken 
carousal by the sound of the artillery. He at once ordered 
the firing to cease. Some of the inhabitants did not hear 
the order, and continued to fire. He then directed the can- 
nons to be turned on them, which was done. This so in- 
furiated the people that his removal was requested of the 
governor of Louisiana. He died within a month, from suicide, 
despised by every one as a traitor. Cruzat, whom he had two 
years before succeeded, was again appointed lieutenant-gover- 
nor. 

20. Cruzat and Pirates. — Cruzat had succeeded Pier- 
nas as lieutenant-governor, in 1775. His first term lasted till 
1778, and was modeled after diat of his wise predecessor. His 
second term, which began in 1780 and lasted till 1787, was 
mild and prxDsperous. A census, taken in 1785, shows a 
population of about 1,500 for all Missouri, which number 
w^as swelled to 2,100 by another census of 1788. This in- 
crease was largely due to the high waters of the Mississippi, 
which overflowed much of Kaskaskia and Cahokia, fhid caused 
some of the inhabitants of those towns to cross over into 
Missouri. To such a height did the angry waters rise that 
1785 was long afterwards known as "the year of the great 
water." While Cruzat was lieutenant-governor, the trade of 
the Mississippi was much impaired by pirates. Grand Tower 
is a large column of rock situated about midway between St. 
Louis and the mouth of the Ohio. Here a large band of 
pirates collected and would capture and pillage passing boats, 
appropriate their cargoes, and kill their crews. These dep- 
redations went on until 1788, and many a daring robbery and 



SPANISH RUI.E. . 371 

foul murder was committed. Other portions of the river were 
also infested. That year, however, the governor at New Or- 
leans ordered all boats traveling on the river to go together. 
By this means their combined strength was too much for the 
pirates, and they were dispersed and never afterwards heard 
of. 

21. Shawnees and Delawares. — In 1787, Manuel Perez 
came into office. During his administration, bands of Shaw- 
nees and Delewares, driven by the advancement of the whites 
from beyond the Alleghanies and from Ohio and Kentucky, 
settled near Ste. Genevieve and Cape Girardeau. Here they 
remained for thirty-five years, till 1825, when they were re- 
quired to move still further westward. Although in the country 
north of the Ohio and in their frequent raids into Kentucky 
they had been the bloodiest of savages, after they settled in 
Missouri they were peaceable and industrious and never quar- 
reled with the whites of these regions. They became useful to 
them as hunters and small farmers, and were established in 
small settlements close to the whites as an intervention be- 
tween them and more unfriendly tribes further west. In after 
years one of these Shawnee chiefs is said to have addressed 
these words to General Harrison : "You call us your children ; 
why do you not make us happy as our fathers, the French, 
did ? They never took from us our lands ; indeed they were 
in common between us. They planted where they pleased, 
and cut wood where they pleased. So did we. But now, if 
a poor Indian attempts to take a little bark from a tree to 
cover him from the rain, up comes a white man and threatens 
to shoot him, claiming the tree as his own." The honorable 
conduct of the French settlers toward the Indians is a part 
of Missouri history which admits of just pride. 



372 HISTORY OF MISSOURI. 

22. From 1793 to 1804. — In 1793 Trudeau came into 
office, and in 1799 he was succeeded by Delassus (De-la-su) 
the last of the Spanish commandants. Aside from the ''hard 
winter" of 1798-1799 and the "small-pox" of 1801, there are 
but two important facts to consider. They explain the rapid 
increase of the population which in 1800 arose to about six 
thousand, and in 1803 to about ten thousand, and also why 
nearly all of the increase was English instead of French, (i) 
By a voluntary grant from Virginia, Congress in 1784 ac- 
quired all the soil north of the Ohio river known as the 
Northwest Territory, and in 1787 passed a law prohibiting 
slavery therein. Hence many of the settlers in that territory 
who owned slaves came to Missouri, and many others from the 
slave States sought homes where the law did not apply. (2) 
The other cause was the liberal terms upon which the im- 
migrant could obtain soil west of the Mississippi. In 1796 
the English of Canada threatened an invasion of Upper 
Louisiana. The Spanish authorities conceived themselves 
under the necessity of strengthening their settlements for de- 
fense. They argued that the hostility of the people of the 
United States toward England would prove a sufficient guar- 
anty of their fidelity to Spain. Hence lands were freely offered 
to all such settlers as would pay the office fees and expenses 
of surveying. By these terms one could get eight hundred 
acres of land of his own choosing for about fifty dollars, al- 
most entirely free from subsequent taxes. In making these 
grants no favoritism was shown Catholics as against Protest- 
ants, and the king gave orders that the people were not to be 
disturbed in the exercise of their religion. 

23. General Conditions. — Such in brief is the history 
of Spanish rule in Missouri. It was, for the most part, brave. 



SrANISII RULE. 373 

ina,nly and wise. The people were far away from the civiHza- 
tion of the world, in the very heart of a continent inhabited by 
savages, with only a few settlements by white persons within 
a thousand miles of them. They were free from taxation, 
free from the tyranny and interference of a foreign king. 
Yet the amicable terms they maintained with the Indians, 
and the orderly g'overnment they held over themselves with- 
out laws or juries, and almost without officers of any kind, 
enlist at once our admiration and hold our serious thought. 
So that we do not wonder that, when the country was trans- 
ferred to the United States in 1804, "few of the French and 
part of the English-Americans only were reconciled to the 
change, though they never manifested any discontent." 

24. Population. — Another census, taken in 1800, gives 
the population of St. Louis at 925 ; of St. Charles, at 875 ; 
of Ste. Genevieve, at 949; of New Madrid, at 782, and the 
entire poulation of Missouri at 6,028. Of this number 4,948 
were whites, 197 free colored, and 883 slaves. Nearly four 
years later when the territory was transferred to the United 
States, it had increased to 9,020 whites and 1,300 colored, 
most of the latter being slaves. 

Questions on Chapter III. 

1. Who was the first lientenant-governor? (14) 

2. What is said of his administration? (14) 

3. What is said of the people? (14) 

4. Describe the soil and the settler. (15) 

5. How was the land owned? (16) 

6. Describe the settlements. (16) 

7. Describe the houses. (16) 

8. What was the size of each settler's field? (16) 

9. And what was the common? (16) 

10. What is said of the social condition of the people? (17) 



374 HISTORY OF MISSOURI. 

11. How did they settle disputes? (i8) 

12. Describe the British attack on St. Louis. (19) 

13. Who was the second lieutenant-governor? (20) 

14. Who was commandant before him? (19) 

15. Who was the third lieutenant-governor, and the fourth, 
and the term of each? (20) 

16. What is said about pirates on the Mississippi? (20) 

17. What is said of the Indians? (21) 

18. What were the two principal events of the last twelve years 
of Spanish rule? (22) 

19. Who were the commandants during this time? (22) 

20. What is said of the Spanish rule? (23) 

21. What was the entire population in 1804? (24) 



PART 11. 

TERRITORIAL PERIOD 



CHAPTER I. 



THE LOUISIANA PURCHASE. 

25. THe Situation. — By the treaty of 1763 Spain ac- 
quired all the country west of the Mississippi and the island 
on which New Orleans is situated, and still owned them at 
the close of the eighteenth century. But events which startled 
the world had been taking place in Europe toward the close 
of that century. Napoleon Bonaparte was in the full flush 
of military triumph, and had raised France to great political 
supremacy on land. He wished also to advance her to a high 
position at sea and in commerce. In furtherance of this plan 
he determined to have Louisiana. He asked the king of Spain 
to cede all that territory to France, and in return offered to 
establish the king's son-in-law upon the throne of the new 
kingdom of Etruria, which he was about to set up. The 
transfer was made on October i, 1800, and thus the title to 
a territory much larger than all the thirteen original colonies 
was acquired by a stroke of the pen. But the negotiation was 
kept secret. Napoleon feared if England knew it at once she 
might make it impossible for him ever to possess the country. 
But, nevertheless, the title to Missouri was now in France 
again. We must see how it came to belong to the United 
States. 

(375) 



37^ HISTORY OF MISSOURI. 

26. The Purchase. — It was not many months till it 
became known in America that the cession had been made. 
The announcement created great unrest throughout the 
country, especially in Kentucky, Tennessee and the entire 
Ohio valley, which at that time were inhabited by over a 
half million of people, mostly from the Atlantic States. For 
some years before the transfer to France, Spain claimed the 
sole right to control the navigation of the Mississippi, which 
claim she was enabled to enforce because she owned the land on 
both sides of the river at New Orleans. It was by that river 
only that the people of the Ohio country had a way of reach- 
ing the world's markets, and this claim on the part of Spain 
greatly impeded their trade and aroused them to anger and to 
threaten to take up arms to hold the Mississippi open and free 
to their commerce. The people beyond the Alleghanies gave 
little heed to these Ohio troubles till Louisiana was transferred 
to France. Then a protest arose from the whole nation. A 
weak nation like Spain was not to be feared, but a powerful 
one like France, in full control of the ^Mississippi river and 
with a strong garrison at New Orleans, could greatly impair 
the power and greatness of the United States. President 
Jefferson, therefore, instructed Mr. Livingston, the Minister 
to France, to protest in the name of his nation against any 
attempt by France to occupy Louisiana. But about this time 
England was drawn into the war against Napoleon. She was 
mistress of the sea and could easily thwart Napoleon's plans 
of possessing himself of Louisiana. She, too, objected to 
France having that great country, and determined to oppose 
Napoleon in any attempt to possess himself of it. From these 
reasons and because of the demand for all his forces for his 
military operations on land. Napoleon saw the coveted .prize 



Tin-: r.ouiSTANA ruRciiASi-:. 377 

had g-onc from him forever. JJcsides he was in need of money. 
But he was determined to put it out of the reach of England, 
and hoping to concihate the United States toward him he 
proposed to jNTr. Livingston to sell Louisiana. President Jef- 
ferson sent Mr. Monroe, afterward President himself, to 
France to assist in the purchase of New Orleans and West 
Florida, but on his arrival he found Xapoleon willing to sell 
all of Louisiana. Monroe and Livingston, therefore, under- 
took to purchase the whole. Napoleon had instructed his of- 
ficer not to take less than fifty million francs, but he at first 
asked one hundred million. The American ministers offered 
eight}- million, and the trade was soon closed. Of this sum, 
which amounted to $15,000,000, one-fourth was remitted be- 
cause of the damage which had been done to the trade of the 
Ohio country after Louisiana had been transferred from Spain 
to France. 

27. Terms of the Contract. — The contract of pur- 
chase was dated April 30, 1803, and that has ever since been 
recognized as the date of the purchase, but it was actually 
signed on IMay 2, 1803. On October 17 the treaty was ratified 
in the United States Senate by a vote of twenty-four to seven ; 
and, on the twenty-first, Congress, by a large majority of each 
house, at once provided for the bonds with which to pay for 
the purchase. By Article Til of the contract, written by the 
great Napoleon himself, it was stipulated that "the inhabi- 
tants of the ceded territory shall be incorporated in the L'nion 
of the United States and admitted as soon as possible, accord- 
ing to the principles of the Federal Constitution, to the enjoy- 
ment of all the rights, advantages and immunities of citi- 
zens of the L^nited States ; and in the meantime they shall be 
maintained and protected in the free enjoyment of their lib- 



378 HISTORY OF MISSOURI. 

erty, property, and the religion which they profess." These 
words are important, because they entered largely into the 
controversy which grew out of Missouri's application for ad- 
mission into the Union. The purchase having been made and 
indorsed by Congress, it only remained for the United States 
to take formal possession of the territory. This was easily 
done. On the ninth of March, 1804, the American troops 
crossed the river and entered St. Louis, and Delassus, on the 
part of Spain, delivered Upper Louisiana to Captain Amos 
Stoddard, of the United States Army, who had been commis- 
sioned by France to receive it in her behalf, and on the next 
day he transferred it to the United States. The territory thus 
acquired amounted to over 900,000 square miles, almost one- 
third of the entire area of the L^nited States at present, and 
included all the country west of the Mississippi to the Rocky 
Mountains except a part of Texas. A recent Government map, 
"compiled from official surveys," makes it also include Idaho, 
Oregon and Washington, but it included nothing west of the 
dividing line of the Rocky Mountains — the line beyond which 
the waters run west. 

Questions on Chapter I. 

1. What territory had Spain acquired by the Fontainbleau 
treaty of 1763? (25) 

2. What military chieftain was in full triumph at close of 
eighteenth century? (25) 

3. What did he desire to do with Louisiana? (25) 

4. How did he obtain it? (25) 

5. What effect did the cession to France produce in America? 
(26) Why? (26) 

6. Who was President at this time? (26) 

7. Why was Napoleon compelled to sell Louisiana? (26) 

8. What Americans made the purchase? (26) 

9. What was the price paid? (26) 



MISSOURI S FIRST YEARS AS A TERRITORY. 379 

10. What was the date of the contract? (27) 

11. What body ratified it? (27) 

12. How was the land paid for? (27) 

13. What is Article III? (27) Who wrote it? (27) 

14. Why is this article important? (27) 

15. Who took formal possession on behalf of the Union? (27) 

16. What did the purchase include? {27) 



CHAPTER II. 

MISSOURI'S FIRST YEARS AS A TERRITORY. 

28. The New Arrangement. — Louisiana was divided 
into two parts soon after its transfer to the United States. 
All of it now within the State of Louisiana was then called the 
Territory of Orleans ; to the rest was given the name of the 
District of Louisiana at first, but within a year it was changed 
to the Territory of Louisiana. It of course embraced the 
country now called Missouri. For the purposes of government 
the district was attached to the then Territory of Indiana, 
whose governor at that time was General WilHam Henry Har- 
rison, afterwards President for a short time. He first set in 
operation the powers of the LTnited States over the new ter- 
ritory. The people objected to being attached to Inchana, and 
drew up a remonstrance and petition to Congress in which 
they asked to be organized as a territory of the second class. 
Fifteen men, "elected by the free men of the district," were 
chosen to prepare the paper, and of this number eight were of 
French extraction, which fact indicates of what races were 
the settlers of Missouri at that time, and also how readily the 
Frenchman adopted the political methods of his neighbors of 



380 HISTORY OF MISSOURI. 

English blood, with whom almost alone it was a rule to ask 
for a redress of grievances by petition. 

29. Neglect of Congress. — Their petition was in part 
granted. Congress recognized three grades of territories at 
that time. The district was separated from Indiana and erec- 
ted into a Territory of the first or lowest grade, instead of the 
second, for which they had asked. The Governor and three 
judges, to be appointed by the President, were to make laws 
for the government of the Territory, subject all the time of 
course to the approval of Congress. This was agreeable to the 
people. But nothing was done toward a settlement of the 
disputed titles to their lands. These were in great confusion 
because of the loose way in which the Spanish had always 
made surveys and grants of land, and because much soil had 
been granted to settlers by the Spanish rulers after the ter- 
ritory had been ceded to France in 1800 and before it had 
been transferred to the United States in 1804. Nothing was 
done towards remedying the uncertainity of the land-claimants' 
tenures, and as a result immigration was greatly retarded, and 
the people undertook to defend their titles for themselves. In 
some cases the adverse claimants to the soil, with gun in hand 
determined between themselves who should be its owner. But 
in 18 1 2, after a delay of nearly eight years, Congress passed a 
law confirming the titles of the inhabitants of the different 
villages to the lands which they had occupied prior to the 
Louisiana purchase. This gave the desired relief. The tide 
of immigration now set in strongly again and the price of 
land increased, in some instances six hundred per cent in a 
few years. It must be remembered, however, that these dis- 
orders in regard to the land titles were almost entirely con- 
fined to those parts of the territory which had been settled dur- 



Missouri's first years as a territory. 381 

ing- the Spanish domination and which now vvcm'c fast losing 
their French aspect because of the rapid influx of persons of 
EngHsh blood. 

30. First Territorial Governor. — The first Governor 
appointed under the new order of things was General James 
Wilkinson. With him were associated as chief justice, J. B. 
C. Lucas, a very worthy gentleman, who had been a judge 
in Pennsylvania ; and as secretary. Dr. Joseph Browne, who 
was a brother-in-law of Aaron Burr, by whose request he ob- 
tained the appointment. Just at the time of Wilkinson's ap- 
pointment the dissatisfaction above spoken of in regard to land 
titles was beginning. His personal popularity as a man, and 
his extensive experience in public affairs, it was thought, 
Avould check all this, and bring the United States government 
into popular favor with the inhabitants whose traditions, cus- 
toms and blood were so very dififerent from those of the rest 
of the Union. But this proved to be a sad mistake. To prop- 
erly understand why that was true it will be necessary to speak 
of the unusual course of Aaron Burr and Wilkinson's connec- 
tion therewith. 

31. Burr and Wilkinson. — Burr had, in 1801, been 
elected Vice-President, and prevented from being President 
only by a very narrow majority vote of the House of Repre- 
sentatives. Becoming unpopular as a politician, sour at his 
disappointment, but still ambitious for political renown, to- 
wards the close of his term he came to the West with the ob- 
ject of revolutionizing Mexico, making himself its ruler, and 
ultimately attaching all the country west of the Alleg'hanies to 
his dominions. He expected his chief support from the Ter- 
ritory of Louisiana. There is no reason to believe that Wil- 
kinson was not influenced by him and perhaps half-heartedly 



382 HISTORY OF MISSOURI. 

and secretly joined in his plans. Burr visited the Territory 
in September, 1805, and in 1807 he was put on trial for con- 
spiring to break up the Union, and the next year Wilkinson 
was tried as an accessory to his crime. The latter was the prin- 
cipal witness against Burr and in the course of the trial was 
able to show that he had written to the proper authorities at 
Washington more than a year before the final collapse of 
Burr's plans, that "Burr was about something, and an eye 
ought to be kept on him." This letter perhaps prevented 
Wilkinson's conviction, but it will be seen that it was written a 
year after Burr had first visited him. In fact the evidence 
seems strong that Wilkinson at first secretly supported Burr, 
but within a year, from fear of the results or from some other 
equally good cause, concluded it best not to yoke his fortunes 
with Burr's any longer. Wilkinson, besides his compromising 
relations with Burr, was a speculator in land and his conduct 
was otherwise odious to the people. Hence he was removed 
after acting as Governor about two years and was succeeded 
by Captain Meriwether Lewis, of the celebrated Lewis-and- 
Clark Expedition. Wilkinson afterwards became prominent 
in the war of 181 2, but to this day his name is held in con- 
tempt. 

32. Other Immigrants. — In the meantime the people 
prospered. The population, at first confined almost entirely to 
the villages, had begun to extend itself into the surrounding 
forests and prairies. .Settlers had found their way into War- 
ren county, into Franklin county and along the Gasconade. 
Most of the immigrants at this time were from the Atlantic 
States. Their industry, superior knowledge and enterprise 
soon gave them a controlling influence. They occupied the 
most prominent positions and took the lead in society and 



Missouri's first years as a territory. 383 

business. No more immigrants eame from France and Sp:i.n. 
T.and'i began to have a recognized value and soon speculations 
in them were active. The pursuits of the people began to be 
largely agricultural. In 1808 the first newspaper was estab- 
lished. It was the first paper published west of the Missis- 
sippi river. It was called the "Missouri Gazette," and with 
varying success has been continuously published since. Its 
present name is the "St. Louis Republic." 

Questions on Chapter II. 

1. How was Louisiana divided? (28) 

2. What was that part including Missouri called? (28) 

3. To what was it attached? (28) 

4. How did Congress provide for the government of the Ter- 
ritory? (29) 

5. What was the effect of Congress's neglect? (29) 

6. Who was first Territorial Governor? (30) 

7. What is said of him? (30) 

.8. Describe Burr's and Wilkinson's conspiracies. (31) 

9. Who was the next Territorial Governor? (31) 

10. What is said of new immigrants? (32) 

11. Where did they settle? (32) 



CHAPTER III. 



EXPLORING EXPEDITIONS. 

33. The Famous Expedition of Lewis and Clark was 
projected by President JelTerson soon after the purchase of 

Louisiana, and was placed 
in charge of Captain Lewis, 
the President's private sec- 
retary, and Captain Wil- 
liam Clark of the United 
States Army, a brother 
of George Rogers Clark. 
Each of these gentlemen 
afterwards became Terri- 
torial Governor of Mis- 
souri by appointment. The 
company was composed of 
nine young men from Ken- 
MERIWETHER LEWIS. tucky, fourteen soldiers, 

two French boatmen, two hunters, an interpreter, and a few 
servants. They began the ascent of the Missouri river in May, 
1804. Near the mouth of the Gasconade they passed the 
last white man's house they were to see until their return. 
They ascended the Missouri to its head \vaters, stopping oft" 
frequently to explore the surrounding country, collected 
facts about the character and strength of the various In- 
dian tribes, about the fertility of the soil, and the number 
and extent of the tributaries of this long river. They spent 
the first winter just this side of the Rocky Mountains in 

(384) 




EXTLOKING EXPEDITIONS. 385 

forts constructed by themselves. luirly next sprinn^ they 
began crossing the mountains and had many a sharp and 
wild encounter with grizzly bears, mountain lions and other 
animals. In November, 1805, they reached the ocean, having 
traveled over four thousand miles. They spent the winter 
at the mouth of the Columbia river, and as the spring ap- 
proached started on their return homeward. It was the first 
expedition of the kind ever undertaken by our government, 
and the return of the party in September, 1806, safe and suc- 
cessful, after an absence of over two years, was hailed with 
delight throughout the entire West. Congress joined in the 
general acclaim and voted each of the persons engaged in the 
expedition a tract of land in recognition of his services ; and 
in further reward for Captain Lewis's services, he was ap- 
pointed Governor of the territory which he had done so much 
to make known. 

34. Pike's Expedition. — About the same time Zebulon 
Montgomery Pike made like expeditions to the sources of the 
Mississippi, Arkansas, Platte and Kansas, and thereby really 
rendered almost as much service to Missouri as did the ex- 
pedition of Lewis and Clark. In 1810 the journals of travels 
kept by Pike were published, with maps and atlases of the 
country explored, and extensively read. They furnished the 
first reliable information of the extent and value of the new 
country. After their appearance all complaints about the 
amount paid for Louisiana were hushed. Pike county, in the 
eastern part of the State, was named for this energetic ex- 
plorer. It was because of his well-earned celebrity, perhaps, 
that many people in the Eastern States for a long time knew 
the name of only one county in Missouri and that was Pike. 

25 



386 ^ HISTORY OF MISSOURI. 

Questions on Chapter III. 

1. What celebrated expedition is discussed in this chapter? 

(33) 

2. Who were ^n charge of it? (33) 

3. Describe their journey. (33) 

4. How was their return received? (33) 

5. What is said of Zebulon Pike's Expedition? (34) 



CHAPTER IV. 

THE NEW MADRID EARTHQUAKE. 

35. Earthquakes.— A little after midnight of Decem- 
ber 16, 181 1, began a series of earthquakes among the most 
extensive and destructive in the world's history. They ex- 
tended over half a hemisphere. Sabrina, one of the Azores 
Islands, was elevated 360 feet above the level of the sea. 
Caracas, a city of Venezuela of 10,000 people, was totally 
destroyed and sunk sixty feet under water. In North Amer- 
ica, the center of the earthquake's disturbances, both in point 
of violence and in position, was near New IMadrid on the 
Mississippi river, in the southeastern part of Missouri. The 
disturbances extended north to the mouth of the Ohio river, 
south to the mouth of the St. Francois, and far into Arkansas 
and Tennessee. They began in a sudden shock which shook 
down walls, wrecked houses, tore up trees and set many 
thing^s on the surface contrariwise. This was followed by 
undulations of the earth resembling waves, increasing in ele- 
vation as they advanced, and when they had attained a fear- 
ful height, the earth would then burst and vast volumes of 
water, sand and pit-coal were thrown up as high as the tops 



THE NEW MADRID EARTHQUAKE. 387 

of trees. The earth rocked and reeled under men's feet. Fis- 
sures were formed, six hundred and even seven hundred feet 
in length, and twenty or thirty in breadth. Large oak trees 
were split in the center and forty feet up the trunk, and one 
part left standing on one side of the fissure, and the other 
part on the other twenty feet distant. There issued no burn- 
ing flames, but flashes such as result from the explosions of 
gas. The atmosphere was filled with this thick gas, to which 
the light imparted a purple hue. The waters in the Missis- 
sippi river suddenly rose several feet. In some places trees 
which had rested on the bottom of the river for perhaps cen- 
turies were elevated above the water and yet rested on the 
soil. Other places off. the shore suddenly sunk and the water 
overflowed them. The water thrown up during the eruption 
of the "land waves" was lukewarm, so warm as to produce 
no chilly sensation to persons wading or swimming through 
it. Many fissures, besides the ones described, were of an 
oval or circular form, forced up to a considerable height, and 
others formed large and deep basins one hundred yards in 
diameter. 

36. Remarkable Results. — A marked result of these 
land disturbances was the great depressions and elevations of 
the surface. Great tracts of country which hitherto had been 
lakes became dry land, and much dry land became lakes. 
Reel foot Lake, on the opposite side of the river in Tennessee, 
twenty miles long and seven wide, was formed. The trunks 
of dead oaks and cypresses above thirty feet in height are at 
its bottom, over which boats can now be plied without inter- 
ruption. A large extent of country on the Missouri side of 
the river was sunk ten feet below its former elevation. Much 
of the soil was ruined for agricultural purposes. 



388 HISTORY OF MISSOURI. 

37. New Madrid Claims. — Afterwards Congress at- 
tempted to give relief by passing a law granting to each 
owner who had snstained serions loss a section of land in 
what was known as the "Boone's Lick country," on condi- 
tion that he rehnquish his desolated farm to the Government. 
Perhaps twice as much land was "located" under this law 
as was ever destroyed in the New Madrid country. The 
"locations" were called New Madrid claims, and because of 
their conflict with other entries, 'were the source of much 
litigation. 

Questions on Chapter IV. 

1. What results of the earthquake of 181 1 are mentioned? (35) 

2. What was its center in North America? (35) 

3. Describe some of its features. (35) 

4. What other remarkable results are mentioned? (36) 

5. What are "New Madrid claims?" (^^y) 

6. How much lands were settled under these claims? (s?) 



CHAPTER V. 
OTHER SETTLEMENTS. 

38. First English Settlements. — There were a num- 
ber of small and scattered settlements in St. Charles, Gasco- 
nade and Warren counties as early as 1800 and the ten years 
succeeding. But we have now come to the first important 
settlement by people of English blood within Missouri. It 
was in Howard county, in the river bottom near Franklin, 
in 1810. The country had been previously visited by Wil- 
liam Nash and some surveyors in 1804, who located claims, 



OTHER SETTLEMENTS. 389 

i 

and again by Lewis and Clark wlio explored the country and 
speak of having encountered many rattlesnakes there. In 
1807 Nathan and Daniel Boone, at this time residents in St. 
Charles county, and sons of the celebrated Daniel Boone, be- 
gan the manufacture of salt at Boone's Lick in the western 
part of what is now Howard county. This they shipped 
dow^n the river in canoes made from logs, hollowed out and 
made w^ater-proof by daubing the open places with clay. Col. 
Benjamin Cooper wdth his large family joined them in 1808, 
but Governor Lewis informed them that the protection of the 
Government from the Indians would not be extended them at 
that distant home, and ordered them to return to the Gasco- 
nade settlement. This they did, but in 18 10 Cooper, accom- 
panied by about one hundred and fifty families, mostly from 
Madison county, Kentucky, again came to Howard county, 
and of this great number all settled in Howard except Stephen 
and Hannah Cole, who crossed the river and became the first 
settlers of Cooper county, settling near the present site of 
Boonville. 

39. Daniel Boone was a man whose like this country 
perhaps will never see again. His father came from England 
and settled in Bucks county, Pennsylvania, where Daniel was 
born, July 14, 1732 (the same year in wdiich George Wash- 
ington was born), and where he received the rudest educa- 
tion. When he was eighteen years old his family moved to 
North Carolina. In 1769 with five hunters he explored the 
border regions of Kentucky, and was captured by the Indians, 
but soon made his escape. In a short time he was joined by 
his brother, and both were captured and a companion was 
killed. They escaped, his brother returned to North Caro- 
lina and he was left alone in the wilderness with only his 



39^ HISTORY OF MISSOURI. 

rifle to gain subsistence and defend himself from the Indians. 
He continued his explorations, and in 1773 moved to Ken- 
tucky with seven other families, and was soon employed to 
lay out the lands by Virginia, of which Kentucky was then 
a part, and in commanding the garrisons which had been 
established for fighting the Indians. His life in Kentucky 
was spent in hunting, fighting the Indians, being captured by 
them and escaping. In 1792 he lost his lands because of de- 
fective title and quitted Kentucky in disgust. Hearing of 
very fertile lands in Missouri, he came here about 1794 and 
settled forty-five miles northwest of St. Louis, in what is 
now Warren county. There he obtained a grant of ten thou- 
sand acres of land, by reason of an ag'reement he formed with 
Deiassus to bring one hundred and fifty families into Upper 
Loiiisiana from \'irginia and Kentucky. But the grant was 
never confirmed because Boone failed to get the signature 
thereto of the direct representative of the Spanish crown. 
Afterward Congress granted him one thousand acres for his 
h-roic public services. He spent most of his latter days with 
his son. Major Nathan Boone, and died in 1820 in his house, 
a two- story stone, the first of its kind in Missouri, some six 
niiles from the Missouri river in St. Charles county. His 
body was buried in a cherry coft'in which he had prepared 
him.self and kept ready for years. The Legislature adjourned 
for one day out of respect for the old hero. The remains 
of himself and wife were afterward interred with ceremonial 
pomp at Frankfort, Kentucky, in 1845. 

40. Lewis and Howard. — Wilkinson, the first Gov- 
ernor of the Territory of Louisiana, was succeded in the 
spring of 1807 by Meriwether Lewis, who, while on his way 
to Washington, committed suicide in 1809 by shooting him- 



OTHER SETTLEMENTS. 



39 i 



self. He had been high-minded and studious from early boy- 
hood, was a man of ability and faithful and heroic public 
service, but at times was subject to fits of deep despondency, 
and it was supposed that it was while in one of these that 
he took his life at the lonely wayside house in Tennessee, at 
which he had stopped to rest. But his death has always been 
shrouded in mystery. * There have always been persons to 
assert that he did not commit suicide at all, but was murdered. 
But President Jefferson, who wrote a biographical sketch of 
him, says he committed suicide. President Madison appointed 
as his successor Gen. Benjamin Howard of Lexington, Ken- 
tucky. In 1 812 Congress passed a law by which on the 
twelfth of December of that year Louisiana was to be ad- 
vanced from the first to the second grade of Territories, 
and its name changed to Missouri. The last official act of 
Governor Howard was to issue a proclamation ordering 
an election to be held in November for a dele.s^ate to 
Congress and for mem- 
bers of the Territorial 
Legislature to be organ- 
ized under this law. Lie 
resigned soon after this 
t o become Brigadier- 
General in the army dur- 
ing the war of 181 2, and 
died in St. Louis in 
1 81 4, having filled h"s 
position with commend- 
able merit. Howard 
county, which was set- 
tled while he was Governor, was named in his honor. 



'^i 







CAPTAIN WILLIAM CLARK. 



392 HISTORY OF MISSOURI. 

41. Clark and Hempstead. — Governor Howard was 
succeeded by Captain William Clark, of the celebrated ex- 
pedition of Lewis and Clark. He served as Governor till 
Missouri was admitted into the Cnion. No man ever in 
the West had more influence over the Indians than did "Red- 
head," the name by which Clark was called by them. He 
stood between them and the whites for years, was always 
their trusted friend and averted many a threatened invasion 
by them and succeeded in amicably purchasing their lands 
for the United States or obtaining them by treaty. Edward 
Hempstead, of St. Louis, was elected the first delegate to 
Congress in 1812. He was succeeded in 181 5 by Rufus Easton, 
and he in 181 7 by John Scott, who served till Missouri became 
a State. All were honorable and able men. By an act of 18 16 
Missouri was advanced to the third or highest grade of terri- 
torial government. 

42. Franklin. — The settlement about Boone's Lick 
grew rapidly. However, the Indians, especially the Potta- 
watomies and Foxes, stole the settlers' horses and kept them 
in almost constant alarm. Five different forts were built 
for their protection, but nevertheless many of the prominent 
men were killed, some of them in their own houses. Yet 
there was no power to avenge their wrongs or to prevent 
these recurrences except the .strength of their own arms, for 
this part of the Territory at that time was beyond the organ- 
ized jurisdiction of any government. In 18 16 Franklin was 
laid off opposite the present site of Boonville. It was the 
first town of any importance west of St. Charles. It grew 
rapidly and soon came to have considerable population. In- 
deed, for many years Franklin was the center of society and 
commerce for all that class of immigrants who came from 



(XniER SETTLEMENTS. 393 

the older States, and who for the most part settled, not in 
St. Louis and south of it along the Mississippi, hut in what 
soon became Howard county. Among its inhabitants were 
men who afterward became the most prominent Governors 
and useful Supreme Judges of the State. It was for many 
years a Government land office, with Thos. A. Smith as Re- 
ceiver and Charles Carroll as Register. It had the first news- 
paper published west of St. Louis, which still lives in the 
Columbia Sfafcsuia]!. The old town has long since been 
mostly washed away by the encroachings of the Missouri river. 

43. Howard County, — ^Howard county was organized 
in 1816. It at first included all that territory from wdiich 
have since been carved thirty-one counties, twelve south of 
the Missouri river and nineteen north of it. For this rea- 
son it w^as long known as the "mother of counties." Its seat 
of justice was first Cole's Fort, on the soiith side of the river 
in Cooper county; in 1817, it was removed to Franklin and in 
1823 to Fayette. It was long the center of political influence 
in the State, and in the early days "Howard county, the mother 
of Missouri Democracy," was frequently heard. Around 
Franklin as a center, population rapidly increased, and in 
a few years it had spread out into what afterw^ards became 
Boone, Callaway, Cooper and Chariton counties. All central 
Missouri was being rapidly transformed from a wilderness 
into happy homes. 

44. Tide of Immigration. — ^The War of 1812 ended in 
181 5. At its close immigration to Missouri set in more rap- 
idly than perhaps was ever elsewhere known in the United 
States up to that time. The rush w^as greatest from Vir- 
ginia, Kentucky, North Carolina and Tennessee. As many 
as one hundred persons are said to have "passed through St. 



394 HISTORY OF MISSOURI. 

Charles in one day on their way to Boone's Lick, and this 
rate was kept up for many days together." Many of these 
''movers" brought with them a hundred head of cattle, be- 
sides hogs, horses and sheep and from three to twelve slaves. 
These long trains presented a sight which will never be seen in 
this country again. It was long before the day of railroads and 
just before the time of steamboats. There was the huge wagon 
filled with the family's "plunder," drawn by three or four yoke 
of oxen. Next came the herds of cattle and sheep, each with 
many bells, making a beautiful chime, and as this mingled with 
the dull thud of the wagon, the coarse voice of the herder 
and driver, a peculiar impression was made which only those 
can appreciate who have heard it. At night the family would 
camp around the fire, the cattle would lie down and rumi- 
nate, the "movers" would recount the thrilling incidents of 
the day, the slaves joining in, and, whenever an opportunity 
ofifered, telling strangers of the "quality" of their families. 

45. Pioneer Life. — When the immigrant arrived at 
his journey's end his first business was to look him out a farm. 
Though land speculators had done much to confuse titles to 
the soil, yet land was abundant, and with no great toil each 
man could "open him up a farm." A log cabin was easily 
raised, and the land fenced with what was known as a "Vir- 
ginia rail fence." Until his first crop was raised, he could 
easily obtain a subsistence for himself and family by hunt- 
ing and trapping. At that time the forests, and even prairies, 
which were covered with a high luxuriant grass, abounded 
in deer, bears, wolves, panthers, wild cats, wild turkeys, and 
various small game. The flesh 'of some of these, such as 
the deer and bear, furnished him food, and their skins were 
made into serviceable clothes. While his lot was romantic 



OTHER SETTLEMENTS. 395 

yet it required stern hardihood to endure it. The Indians 
were about him and were not always friendly. The fiercer 
wild animals attacked his young cattle, and often carried 
away his lambs and pigs. He had but few books and papers, 
schools were rare, and only occasionally did he hear the Gospel 
preached, but his hardships inspired him with self-confidence 
and a rugged purpose, which yet mark his descendants. 

46. His House. — His log cabin differed somewhat 
from the houses of the French settlers. The posts were not 
set upright and slats nailed horizontally to them, as was the 
fashion with the French settler, but instead, he generally used 
large logs, hewn into shape, and fitted intO' one another by 
means of notches in the ends. These were laid one on an- 
other, and the spaces between were filled with pieces of w^ood 
called "chinking" and around these was daubed a plaster made 
of clay. The door w^as made of heavy cross-pieces and rough- 
hewn boards. They were hung on wooden hinges and fast- 
ened with a wooden latch on the inside. The latch could 
be raised from the outside by a string attached to it which 
passed through a hole in the door above the latch. To lock 
the door was simply to draw the string inside, and so "my 
latch-string always hangs on the outside" became a popular 
term of hospitality and an assurance of welcome to the neigh- 
lior or passing stranger. The windows were without glass. 
The light was admitted by a shutter which stood ajar, or 
through greased paper attached to a framework something 
like a sash. Sometimes the cabin w^as thirty feet square, and 
if two rooms were built a wide hall ran between, and the 
larger room was called the "big house." As the farmer grew 
wealthier, population increased and the means of transporta- 



396 HISTORY OF MISSOURI. 

tion improved, all these things gave way to the conveniences 
of modern life. 

47. His Money. — He had little money, and indeed had 
need for but little. He raised his own food. The materials 
for his clothing were grown in his fields or sheared from his 
flocks and were converted into cloth and made into garments 
by the women of the household. What trading he did was 
mere barter ; that is, the exchange of one article for another. 
Peltries, lead and its product in the shape of shot, were used 
in the place of money. There were Spanish dollars, however, 
and these w^ere often cut into halves, quarters, and even 
eighths, wdiich, because of their small size, came to be called 
"bits," and so to this day a "bit" is twelve and a half cents. 
For any less amount pins, needles, sheets of wTiting paper, 
and other articles of small value were used. 

48. Lead and The Fur Trade. — But agriculture was 
not the only pursuit. Lead was produced in great abundance. 
"One million five hundred thousand pounds were annually 
turned out by the Maramec mines alone, wdiich gave employ- 
ment to three hundred and fifty hands, exclusive of smelters, 
blacksmiths and others." Much of it was turned into shot 
and a tower for that purpose was erected at Ste. Genevieve. 
The fur trade was very large. As early as 1804 it amounted 
to two hundred thousand dollars per annum. Large trad- 
ing companies, with headquarters in St. Louis, were organ- 
ized, which sent out trappers along almost every tributary 
of the Missouri to the Rocky Mountains. The foundation for 
many a large fortune was thus laid. The Chouteaus of St. 
Louis through this fur trade were known in Europe for more 
than half a century. The better peltries were those of the 
otter, beaver, bear and buffalo. These were shipped to France 



OTHER SETTLEMENTS. 397 

and cxchang'ed for shoes, fal^rics, sugar and guns. Thus both 
countries were benefited, each getting things the\' could not 
then produce, but needed. 

49. The First Steamboats.— In 1811, the New Orleans, 
the first steamboat built west of the Alleghany Mountains, 
made the trip from Pittsburg to New Orleans. This settled 
forever the question of the use of steam as a motive power 
on the western waters. In the next eight years sixty-three 
steamers were built and plied on the Ohio and Mississippi. 
On the second of August, 181 7, the first steamboat that ever 
ascended the Mississippi above the mouth of the Ohio arrived 
at St. Louis. Its name was General Pike and its master was 
Jacob Read. On May 28, 1819, the Independence, the first 
steamboat to ascend the Missouri, arrived at Franklin, hav- 
ing been twelve days on the journey from St. Louis. Soon 
after this, steamboats became common on these rivers, and 
their appearance, which was at first dazzling, became familiar 
sights. They added a new impetus to commerce and assisted 
much in the speedy delivery of the mails. Yet these con- 
veniences could scarcely be compared to our modern railroads. 
It usually took a letter from four to six weeks to come from 
New York or Washington, and the postage on a single letter, 
even many years afterward, was twenty-five cents. 

50. Business Depressions. — The last few years before 
Missouri's admission into the Union was a season of severe 
trial in finances. The year 18 18 found nearly everybody in 
debt. The Bank of St. Louis was established in 18 16, and 
the next year the Bank of Missouri, with a capital of $250,000, 
was organized. These for a time increased the volume of 
business, but also aided reckless speculation. Government 
land was sold for two dollars an acre, one-fourth to be paid 



398 HISTORY OF MISSOURI. 

in cash and the rest in two, three and four years. So num- 
erous were the failures on account of the mania for specula- 
tion in land, that rarely none but the first payment was made. 
Dealing at the stores was also upon credit. Payments were 
made with promissory notes or bank notes, which were con- 
sidered as good as cash. These of course drove out the coin ; 
and when the day of final settlement came there was no money 
with which to make payments. Land and all kinds of farm 
products, though abundant, were unsalable. The Territorial 
Legislature tried to give relief by issuing "land loan notes" 
which were made receivable for taxes and debts of every kind 
due the State. The United States Supreme Court set this act 
aside as being in violation of the provision of the Constitution 
which forbids any State to "issue bills of credit," and for 
doing so was of course wickedly censured, but relief came in 
time, though slowly, as is usual after such depressions. 

5L Population. — The population of the entire terri- 
tory now known as Missouri was about 20,000 in 1810. In 
1820 it was 66,000. The population of St. Louis in 181 1 was 
about 1,400, "composed of a motley mixture of Canadian- 
French, a few Spaniards and other Europeans, and a some- 
what larger proportion of Americans." In 1820 it was 4,928. 
Of the population of this territory in 1820 about 10,000 were 
slaves. The number of counties increased from five to fifteen 
in the ten years preceding 1820. 

Questions on Chapter V. 

1. Where was the first important English settlement? (38) 

2. Who was in charge of it? (38) 

3. Where were the settlers from? (38) 

4. Wliat is said of Daniel Boone? (39) 

5. Who succeeded Wilkinson as Governor? (40) 



OTHER SETTLEMENTS. 399 

6. When and by whom was this territory named Missouri? 
(40) 

7. What is said of General Howard? (40) 

8. Who succeeded him? (41) 

9. What is said of Clark? (41) 

10. Who v/as the lirst delegate in Congress? (41) 

11. Name two others. (41) 

12. What is said of Franklin? (42) 

13. What is said of Howard county? (43) 

14. For whom was it named? (40) 

15. What is said of the immigrant? (44) 

16. Describe his surroundings in the new country. (45) 

17. Describe his house. (46) 

18. What was used for money? (47) 

19. What is said of lead? (48) 

20. Of the fur trade? (48) 

21. What was the first steamboat on the Ohio? (49) 

22. What was the first to reach St. Louis? (49) 

23. How long did it take the first steamboat to go from St. 
Louis to Franklin? (49) 

24. How did steamboats help? (49) 

25. What is said of financial troubles? (50) 

26. Population in 1810 and 1820? (51) 



PART III. 

MISSOURI AS A STATE. 



CHAPTER I. 

THE ADMISSION OF MISSOURI INTO THE UNION. 

52. Application to Become a State. — The Territorial 
Legislature made application for the admission of Missouri 
into the Union as a State in 1818. The application produced, 
a violent sectional issue in American politics. It opened up 
a long acrimonious struggle between tlie North and vSoutli 
for political supremacy in the nation. That struggle, attended 
with bitterness from its beginning, continued up to the time 
of the Civil War, through that war, and has scarcely ended 
even yet. The people of JNlissouri w^ished to decide for them- 
selves whether slavery should exist in the State. To this 
the North urged two strong objections. 

53. First Objection. — The first was, the people were 
sure to permit slavery. It existed in the Territory at the 
time of the application ; had been there for fifty years, and 
nothing was surer than that tlie people would not voluntarily 
abolish it. Since 1787 slavery had not existed north of the 
Ohio river, above the latitude of which lies most of Missouri. 
The admission of Missouri would be a precedent. If the 
privilege were given tO' her people to decide upon the exist- 

(400) 



THE ADMISSION OF MISSOURI INTO THE UNION. 4OI 

€nce of slavery within her borders, so must it be extended 
to the whole Louisiana Purchase. Missouri was on the border 
line between free and slave labor. The question, then, was 
whether Congress would interfere with the further extension 
of slavery. If permitted to exist in Missouri, without some 
limitations now agreed upon, it might, by the voice of the 
people, exist in all the Louisiana Purchase. Against its fur- 
ther extension many citizens throughout the North protested 
in the name of freedom, humanity and a higher civilization. 

54. The Second Objection. — The second objection 
was, the admission of Missouri w^ould turn over the control 
of the nation from the North to the South. It was also the 
real objection, the one which did most in controlling the 
Northern members in Congress. The Union had been orig- 
inally formed of seven free and six slave States. Up to 
February, 1819, there had always been one more free than 
slave States, there being at this time ten free States and nine 
slave States. The free States had acquired a large and con- 
stantly increasing predominance in Congress. This was the. 
political situation early in 1819 when the application of Mis- 
souri and Alabama to become States came up in Congress. 
Both were slave Territories, both had been settled by emi- 
grants mostly from slave States, and of course it was as- 
sumed that their political afifiliations would be with the South. 
If admitted, the number of slave States would be increased 
from nine to eleven, while the free States would remain ten. 
This would give the South the ascendency in the Senate, pos- 
sibly in the House and nation. 

55. Alabama. — Georgia had ceded Alabama's terri- 
tory, and in doing so had made stipulations in regard to slav- 

26 



402 HISTORY OF MISSOURI. 

ery, which were regarded by Congress as deciding that slav- 
ery as a fonii of labor might exist in that State. Accordingly 
Alabama was admitted without opposition as a slave State. 
This made the number of Northern and Southern States ex- 
actly the same. The fight for political supremacy, therefore, 
was not made over Alabama, but ^lissouri, which lay much 
further north, and w^as supposed to be connectional ground 
between the free-labor and the slavery States, and mighty 
therefore, be claimed by either. The South espoused the 
cause of the people of Missouri because it wished to gain 
political ascendency in Congress and because it was intimately 
interested in the extension of slaver}. 

56. The Tallmadge Resolution. — The struggle for the 
admission of ^Missouri was precipitated in Congress by a reso- 
lution of Mr. Tallmadge of New York : "That the further 
introduction of slavery shall be prohibited ; and that all chil- 
dren born within the State after the admission thereof shall 
be free at the age of twenty-five years." This led to a long 
discussion in which hot and bitter words were bandied to and 
fro with frequenc}'. It will be remembered that when the 
contract of purchase was signed, transferring Louisiana from 
France to the United States, article third, written by the 
great Napoleon, provided that "the inhabitants of the ceded 
territory shall be incorporated into the Union of the United 
States, and admitted as soon as possible, according to the 
principles of the Federal Constitution, to the enjoyment of 
all the rights, advantages, and immunities of citizens of the 
United States, and in the meantime they shall be maintained 
and protected in the free enjoyment of their liberty, property 
and the religion which they profess." This contract with 
this article in it, was accepted in 1804 by Congress. It was 



THE Al^MlSSlON OF MISSOURI INTO THE UNION. 4O3 

now seized upon by the opponents of the TaUmadge resolu- 
tion as having settled the question of slavery in Missouri be- 
fore her application for admission. Slaves, it was contended, 
were property. Slavery existed in the Territory when the 
terms of purchase from Napoleon were signed, when those 
terms were accepted by Congress, and had been here ever 
since. If, therefore, slavery was to be prohibited there it 
should be left to the State itself to do so. Besides it was 
further contended that these terms of purchase were exactly 
similar in their tenor to the stipulations Georgia had made 
when ceding Alabama, which stipulations obtained for that 
State the right to abolish or maintain slavery as she pleased. 

57. Discordant Views. — To deny ^Missouri the same 
right was, therefore, to take from her her dignity as one of a 
Union of equal States, to make her yield to conditions which 
had never before been imposed on any State, and which would 
not now be attempted in her case if the free still outnum- 
bered the slave States. This point was urged with great 
ability by John Scott, l^lissouri's delegate then in Congress, 
who felt that to deprive the people of the right of choosing 
their own local institutions was a humiliating condition, and 
violated the old maxim that "all governments derive their just 
powers from the consent of the governed." In reply to him 
it was held that slavery existed only by virtue of a local law ; 
that it had never been sanctioned by national laws, and that 
on the contrary the Constitution had from the first implied 
an opposition to it, in that it contained an agreement that the 
slave trade should cease in 1808. The supporters of the TaU- 
madge resolution further held that slavery was not only a 
moral wrong, a political evil, a commercial weakness, but it 
was contrarv to universal freedom which must necessarilv in- 



404 HISTORY OF MISSOURI. 

here in a republic. These views were so discordant that one 
would scarcely suppose a compromise for Missouri's admis- 
sion could ever be reached. Yet such was the fact. 

58. The Missouri Corapromise. — This was accom- 
plished by the application of jNIaine for admission in Decem- 
ber, 1819, and while Missouri's case yet seemed hopeless. 
Maine would, of course, be a free State. Had she applied 
for admission at the same time Alabama and Missouri did, 
perhaps all the contention of which we have spoken would 
never have arisen. Then, admitting the three at once, the 
free would not have been outnumbered by the slave States. 
As it was, those in favor of letting Missouri settle the ques- 
tion of slavery for herself, declared both Missouri and Maine 
should be admitted without regard to slavery or both kept 
out. This brought on a deadlock in Congress, which lasted 
for weeks and finally ended in a measure known as the "Mis- 
souri Compromise." This was an agreement that Maine 
should be brought into the Union ; that Missouri should settle 
for herself the question of the existence of slavery within her 
territory ; and that slavery should forever be prohibited from 
all other territory "north of thirty-six degrees and thirty min- 
utes north latitude" which was the south line of Missouri. The 
agreement was implied, though not expressed, that ^lissouri 
should be admitted into the Union according to this agree- 
ment. This compromise opened up the way for Missouri's 
admission. In 1857, long after that was accomplished, the 
Supreme Court of the United States declared this compro- 
mise, by which slavery was excluded north of thirty-six 
degrees and thirty minutes, unconstitutional, and that, there- 
fore, the South had no right to yield to it and the North no 
right to ask it. 



THE ADMISSION OF MISSOURI INTO THE UNION. 405 

59. The First Constitution. — But the people of Mis- 
souri accepted the compromise as final, and began at once to 
form a State government. A convention to frame a con- 
stitution met in a hotel, known as the "Mansion House," in 
St. Louis, early in June, 1820. David Barton was elected 
president. Among its members were some very able men. 
Some of them were afterwards very prominent in the affairs 
of the State, such as David Barton, Edward Bates, Alexander 
]\IcXair, Thomas F. Riddick, John Rice Jones, Dufif Green, 
Pierre Chouteau, Jr., Benjamin Reeves, A. Buckner, John D. 
Cook and John Scott. There were in all forty-one members. 
They were in session a little over a month, and spent for 
stationery $26.25 and framed a constitution which took effect 
immediately w^ithout submission to a vote oi the people. This 
constitution was to pass through the fiery ordeal of being ap- 
proved by Congress before Missouri could become a State. 
As had been supposed all along, the Constitution permitted 
the existence of slavery. It was reasonably and properly sup- 
posed by the people of Missouri and by the South that the 
Northern delegates had consented to this by the agreement 
known as the Missouri Compromise. But now when the 
State claimed a fulfillment of this promise Congress would 
not stand to the agreement, and hence a second compromise 
had to be agreed upon. 

60. One Clause of Missouri's Constitution stipulated 
its Legislature should enact a law to "prevent free negroes 
and mulattoes from coming to and settling in the State." 
This clause, it was now contended, was contrary to a pro- 
vision of the Federal Constitution which guaranteed to ''the 
citizens of each State the privileges and immunities of- citi- 
zens in the several States." The members of Cono:ress from 



406 HISTORY OF MISSOURI. 

the North held that free negroes were recognized as citizens 
in some of the old States and hence this clause in I\Iissouri"s 
Constitution was in conflict with the Federal Constitution. 
Prior to the adoption of the fourteenth annendment in 1868, 
there w'as nothing in the Constitution of the United States 
declaring wdio were citizens or what qualification a person 
must have to be a citizen. By that amendment all persons 
born or naturalized in the United States, were made citizens. 
But before Missouri's application for admission into the Union 
it had always been held that each State could say for itself 
who were its citizens, and who should not be. And Missouri 
now^ claimed she, too, had that right. 

61. An Unreasonable Contention. — The claim led to 
an absurdity. If one State could declare a certain class of 
men "citizens" and then the Constitution should come in and 
say all the other States should therefore acknowledge them 
as citizens, too, and should extend to these citizens all the 
privileges and immunities of citizens of each of these respec- 
tive States, of course there would be no limit to citizenship. 
"Free negroes" would not alone be citizens. One State might 
declare a Chinaman or an Indian a citizen, and by this claim 
all the other States must acknowledge him a citizen, and must 
have nothing in their laws wdiich would not allow him "all 
the privileges and immunities" of any of their own residents. 
This, of course, led to an absurdity. The object of the clause 
in the Missouri Constitution was to keep persons from set- 
tling within her borders who might disturb the peace and 
cause unrest among the slaves. Illinois had exactly the same 
law as late as 1846, and Congress at no time attempted to 
interfere with it. This clause, however, was the subject for 
long and bitter discussion in the Flouse. The Senate saw the 



THE ADMISSION OF MISSOURI INTO THE UNION. 407 

absurdity and dishonesty of such opposition and soon became 
in favor of admission. 

62. The Clay Compromise. — It was at this time that 
the great Henry Clay, of Kentucky, came to the rescue. He 
lias been called the author of the Missouri Compromise. This 
is a mistake. ]\Ir. Thomas, of Illinois, was the author of 
that measure, yet jNIr. Clay gave it his powerful support. But 
he was the author of the second compromise. He induced 
the House to agree to leave the provision for the admission 
of the State to a committee of twenty-three members from 
the House — the then number of States — to act jointly with a 
committee from the Senate. This committee reported to the 
House a resolution admitting Missouri whenever her Legisla- 
ture should pass a Solemn Public Act repealing the clause in 
reference to the exclusion of free negroes and mulattoes, and 
when this was done the President should proclaim her ad- 
mitted. This resolution passed the Senate by a vote of twenty- 
eight to fourteen, and the House by a vote of eight-six to 
eighty-two. 

63. The Solemn Public Act.— Then the Governor of 
Missouri called the Legislature together to pass the Solemn 
Public Act. It first spoke of the absurdity of Congress in 
demanding it, declared if any clause in the State Constitution 
was in conflict with the Federal Constitution, that clause was 
therefore void and had always been ; but "to give to the world 
the most unequivocal proof of her desire to promote the peace 
and harmony of the Union," it there ''solemnly and publicly 
declared and enacted" that no part "of the Constitution of this 
State shall ever be construed to authorize the passage of any 
law by which any citizen of either of the United States shall 
be excluded from the enjoyment of any of the privileges and 



408 HISTORY OF MISSOURI. 

immunities to which such citizens are entitled under the Con- 
stitution of the United States." A certified copy of this Act 
was sent to President Monroe. He promptly issued a procla- 
mation declaring the admission of the State complete. The 
precise date thereof was August lo, 1821. Thus ended for 
a time the mighty struggle between the North and the South 
which forty years later culminated in the Civil War. 

Questions on Chapter I. 

1. What was the effect of Missouri's application to become 
a State? (52) 

2. What right did the people of Missouri claim for them- 
selves? (52) 

3. What was the first objection to this? (53) 

4. What argument was used to support it? (53) 

5. In the name of what did the North protest against the 
further extension of slavery? (53) 

6. What was the second objection to Missouri's admission? 

(54) 

7. What was the relative political strength of the North and 
South at that time? (54) 

8. What is said of Alabama? (55) 

9. Why was the opposition waged around Missouri? (55) 

10. What was the Tallmadge resolution? (56) 

11. What was the third article of the contract of the Louisiana 
purchase? (56) 

12. How was it argued that this article settled the question? 
(56) 

13. What did John Scott contend? (57) 

14. What two replies were made to him? (57) 

15. What prepared the way for a settlement? (58) 

16. What were the terms of the ^Missouri Compromise? (s^^ 

17. How did the people of ^Missouri accept the Compromise? 
(59) 

18. When was the first Constitution framed? (59) 

19. Name some of the members of the convention. (59) 

20. What objection was urged to the Constitution? (60) 



THE ADMISSION OF MISSOURI INTO THE UNION. 409 

21. What did this contention lead to? (61) Why? (61) 

22. How did the Senate regard it? (61) 

23. What was the second compromise? (62) 

24. What was the Solemn Public Act? (63) 

25. By what body was it enacted? (63) 

26. When was Missouri admitted to the Union? (63) 



CHAPTER II. 

FIRST YEARS AS A STATE. 

64. The First Election. — The first election, under the 
the new Constitution, was held on the fourth Monday of 
August, 1820. Political parties did not divide the voters. 
On the contrary, the personal popularity and merits of the 
several candidates determined the result, for the most part. 
Alexander McNair and William Clark, both of St. Louis,, 
were the candidates for Governor. The latter had been the 
Territorial Governor for seven years. He was now defeated 
by a majority of 4,020 votes in a total vote of 9,132. Wil- 
liam H. Ashley of St. Louis was elected Lieutenant-Gov- 
ernor. The State Government in all its branches did not 
immediately go into effect. It was far into the year 1821 be- 
fore either the Circuit or Supreme courts were in operation. 

65. First Governor. — Alexander McNair was born in 
Pennsylvania in 1774, and received a fair English educa- 
tion. His parents died about the time he became of age, and 
he and his brother agreed upon the division of their estate in 
a novel manner — that whosoever should be the victor in a fair 



410 



HISTORY OF MISSOURI. 



encounter should be the owner of the homestead. Alexander 
received a severe whipping at the hands of his brother, to 

which he afterwards ac- 
knowledged he . owed the 
honor of being Governor 
of ^Missouri. In 1804, he 
moved to St. Lonis, and for 
a number of years was 
United States commissary 
-:=: for that station. In the 
-^^^^-^city tax-list of 181 1, he ap- 
pears as taxed for 'one of 
the nineteen ''carriages for 
pleasure'' then owned in 
that city. During the W^v 
AiiEXANDER mcNaik, of i8i2, he was colonel 

of Missouri militia in the United States service. He was 
elected Governor in 182c, and held ofifice till 1824, and died 
in St. Louis in 1826. He was a man of great popularity and 
strict integrity. 

66. New Counties and David Barton. — The General 
Assembly, which is the name given the Legislative branch 
of the State Government, was composed at its first session of 
fourteen Senators and forty-three Representatives. At that 
session, which met in St. Louis in September, 1820, acts were 
passed creating the counties of Boone. Callaway, Chariton, 
Cole, Gasconade, Lafayette, Perry, Ralls, Ray and Saline. 
Most of these were carved from the territory first embraced 
in Howard county. David Barton and Thomas Hart Benton 
were elected L^nited States Senators. Thev were not allowed 




FIRST YEARS AS A STATE. 4I I 

to take their scats in the Senate however until 1821, because 
the State was not yet admitted into the Union. Mr. Barton 
was a native of Tennessee and was a soldier in the War of 
181 2. He had served as judge of .the circuit court a short 
time about 18 16, but had no brilliant career as a jurist. He 
was a fluent orator and at the time of the admission 'of Mis- 
souri he was the most popular man in the State. He was 
chairman of the convention that framed the State Constitu- 
tion and was unanimously elected to the Senate in 1821 and 
re-elected in 1825. During his last term he became un- 
popular in the State because of his espousal of the cause of 
John Ouincy Adams for the Presidency against General Jack- 
son, who was a great favorite in Alissouri. Accordingly, in 
1833 ^^-'^ ^^'^s defeated as a candidate for Congress, but after- 
wards served one term in the State Senate. He died near 
Boonville in 1837. 

67. Benton and Lucas. — Thomas H. Benton was 
elected United States Senator with jNIr. Barton, but not w^ithout 
great opposition. Mr. Benton had been a resident of Tennessee, 
had there been a member of the Legislature, and attained 
to the rank of colonel as commander of a Tennessee regiment 
in the War of 1812. But his brother, Jesse Benton, and Amos 
Carroll had there fought a duel. Andrew Jackson had earn- 
estly espoused the cause of Carroll, which led Thomas Benton 
to vigorously denounce Jackson. In return Jackson attempted 
to horsewhip Benton on the streets of Nashville, and was shot 
in the arm by Jesse Benton. This made the Bentons very 
unpopular in Tennessee, and in 1813 Mr. Benton came to Mis- 
souri. In 1817 he had a very noted duel with Charles Lucas, 
at that time L^nited States attorney for the district of Mis- 
souri, and a son of the first chief justice of the Territory. 



412 HISTORY OF MISSOURI. 

Lucas was about twenty-five years old, and Benton was about 
forty. Lucas had challenged Benton, and when the fight came 
off was wounded in the neck but not killed. He expressed 
himself as satisfied. Then Benton in a violent rage demanded 
of Lucas that they fight till one or the other w^as killed. This 
they afterwards did and Lucas was killed. In the minds of 
many people this action of Mr. Benton was regarded as mur- 
der, and lost him many friends in the new State. He was 
opposed for the Senate by his adversary's father, Judge Lucas, 
and the balloting ran through several days without a choice. 
Finally Mr. Barton said he preferred Benton for his associate. 
He was accordingly elected, and served for thirty year^, lack- 
ing five months, a longer time than was ever served by any 
Senator from any State until within recent years. 

68. The First Congressman. — Missouri was then en- 
titled to 'only one Congressman. John Scott was elected. 
He had for some time been the Territorial delegate and was 
a man of ability. He was born in Virginia in 1782, graduated 
at Princeton College in 1805, and soon afterwards settled at 
Ste. Genevieve ; was a delegate in Congress from the Ter- 
ritory of Missouri from 1817 to 1821 and then a Representa- 
tive in Congress till 1827, where he took high rank as a man 
of educated talent and bold integrity. When the contest came 
up in the House of Representatives for the election of a 
President he voted for John Quincy Adams, and was sup- 
ported in his action by Senator Barton, but opposed by Mr. 
Benton, wdio favored Jackson. As a consequence Scott was 
never again returned to Congress. Nor did he ever again seek 
a public office. 

69. The Supreme Court. — By the terms of the Con- 
stitution the judges of the Supreme and Circuit courts were 



FIRST YEARS AS A STATE. 413 

to be appointed by the Governor, and the appointments con- 
firmed by the Senate. This law remained in force tih 185 1, 
when it was changed, and judges thereafter were elected just 
as other officers. The first members of the Supreme Court 
were Alathias McGirk of Montgomery county, John D. Cook 
of Cape Girardeau, and John Rice Jones of Pike county. 
They were all men of great probity and judicial learning, 
.and were elected without any regard to their politics. Mr. Mc- 
Girk remained a member of the court until 1841. Mr. Cook 
resigned within a year or two, and Judge Jones died in 1824. 
Both had been members of the Constitutional convention. 
Judge Jones had also been very prominent in the Territorial 
days as a member and president of the Legislative Council. 
George Tompkins was appointed in place of Mr. Jones, and 
served till 1845, twenty-one years, and then retired, having 
become sixty-five years old, beyond which age no person was 
then legally capable of being judge. 

70. The State Seal— The Constitution of Missouri 
provided that the Secretary of State should procure a seal of 
the State with suitable emblems and devices, 'Svhich should 
not be subject to change." The Legislature of 1822 directed 
what the devices and emblems should be, and the present seal 
was fashioned and has been in use since. The following is a de- 
scription of it : On an inner circular shield equally divided by a 
perpendicular line, is a red field on the right side (the reader's 
left) in which is the grizzly or white bear of Missouri. Above, 
separated by a wave line, is a white or silver crescent in an 
azure field. On the left, on a white field are the arms of the 
L'nited States. A band surrounds this circular shield, on which 
are the words, "United we stand, divided we fall." For the 
crest, over a yellow or golden helmet is a silver star, and above 



414 



HISTORY OF MISSOURI. 




it is a constellation of twenty-three smaller stars — Missouri 

being the twenty- 
fourth State t o 
unite with the 
Union, the large 
star represents her 
and the other stars 
the rest of the 
Union. The sup- 
porters are two 
grizzly or white 
bears, standing on 
a scroll on which 
is inscribed the 
motto of the State, 
''Saliis popidi sii- 
prcuia lex csto'' — let the welfare of the people be the supreme 
law. Underneath the scroll are the numerals, MDCCCXX, 
which was the year of the adoption of the first Constitu- 
tion. Around the entire circle are the w^ords, ''The Great 
Seal of the State of Missouri." This seal is still kept in the 
office of the Secretary of State, and is stamped on all com- 
missions of officers and on every contract to which the State 
becomes a party. 
Questions on Chapter II. 

1. When was the first election held? (64) 

2. Who was the first Governor of the State? (64) 

3. What is said of Alexander McNair? (65) 

4. Of what was the first Legislature composed? (66) 

5. What counties were organized at this session? (66) 

6. Who were the first United States Senators from Missouri? 
(66) 

7. What is said of David Barton? (66) 



FIRST YEARS AS A STATE. 415 

8. What is said of Thomas Benton? (67) 

9. What caused him great opposition in the State? (67) 

10. Who was the first Congressman? (68) 

11. Give a sketch of his life. (68) 

12. How were the first Supreme and Circuit Court judges 
chosen? (69) 

13. Who were the first Supreme Court judges? (69) 
How long could a judge serve under the first Constitu- 
tion? (69) 
Describe the State Seal. (70) 



14. 



CHAPTER III. 

BATES AND MILLLER— 1824-32. 
71. The Second Governor.— The second Governor was 
Frederick Bates of St. Louis. He had been prominent 
in the Territorial days and was a member of the constitutional 
convention. His opponent was William H. Ashley, who had 
been Lieutenant-Governor during McNair's administration, 
and who, because of his daring intrepidity in advancing the 
fur trade into the Rocky Alountains and in fighting the Indians, 
had invested his character with much romance. But Bates 
was successful. Before Mr. Bates had served a year as Gov- 
ernor, the people were called upon to mourn his death. Ben- 
jamin Reeves of Howard county had been elected Lieutenant- 
Governor along with him, and the office of Governor would 
have fallen to him until a special election could have been held 
had he not resigned before the death of Governor Bates, to 
become one of the Government commissioners in the opening 
up of the noted road from Leavenworth to Santa Fe. Under 
the law, therefore, the office devolved on the President of the 
Senate pro tempore, who at that time was Abraham J. Williams 
of Columbia, and who at once began to exercise the duties of 
Governor. But he was not permitted to fill out the remainder 



4i6 



HISTORY OF MISSOURI. 



of the Governor's term. Under the Constitution of 1820 the 
Lieutenant-Governor (or if there was a vacancy in that office, 
the President of the Senate pro tempore), on the death or 
resiofnation of the Governor, succeeded to the office, and held 
it only until a special election could be held to fill the va- 
cancy. Governor Williams proclaimed a special election to be 
held December 8, 1825, which resulted in the election of John 
Miller of Howard county, who served out the remainder of 
the term. This was the only time in the history of the State 
that the President of the Senate pro tempore became Governor. 

72. Frederick Bates. — Frederick Bates was born in 
Goochland county, A'irginia, in 1777. His education was be- 
gun in a private family school and ended in an academy. He 
studied law and at the age of twenty went to Detroit, a mili- 
tary post, and became its postmaster. In 1805 he was ap- 
pointed by President Jef- 
ferson the first judge of 
the Territory of Michigan. 
In 1806 he moved to St. 
Louis, and from that time 
till Missouri became a State 
Mr. Bates was continually 
in some capacity a Terri- 
torial officer. He was Sec- 
retary of the Territory un- 
der Governors Lewis, How- 
ard and Clark, and during 
the interims between their 
administrations he was act- 
FKEDERIOK BATES. ingGovcmor, and also dur- 

ing their protracted absence from the Territory. In 1808 he 




BATES AND MILLER. 417 

compiled the "Laws of the Territory of Louisiana," the tirst 
book printed in St. Louis. In 1S24 he was elected Governor 
to succeed McNair, without any solicitation or effort on his 
part. He died August 4, 1825. 

73. Duels. — Dueling had become a threatening evil 
among the prominent men of Missouri, and had greatly 
shocked public sensibility. Many of the duels had been fought 
on an island in the IMississippi river below St. Louis, which 
was long afterward known as "Bloody Island." During the 
administration of Governor Bates the Legislature undertook 
to break up this barbarous practice by making it odious. A 
bill passed both houses making the ''whipping post" the mode 
of punishment. But the Governor vetoed the bill because he 
could not approve of whipping as the penalty. In his veto 
message he said : "I am happy to record my utter detestation 
and abhorrence of dueling. My duty to my neighbors and 
myself would compel me, if possible, to put down so barbarous 
and so impious a practice." After his veto the bill failed to 
pass. This is the first recorded veto by a Governor of Mis- 
souri of which we have any knowledge. 

74. The Visit of Lafayette. — The year 1825 was made 
memorable by the visit of Marquis de Lafayette, and his 
son, George Washington Lafayette, to St. Louis. This great 
man, after an absence of fifty years in his own beloved France, 
had on the invitation of the President of the United States 
made a \'isit to the country whose independence he had done 
so much to win. While his own land had been filled with 
tumult, war and poverty, he now found the thirteen Colonies 
developed into a strong young nation of twenty-six States, 
happ}-, prosperous and free. He visited every State, and in 

27 



4l8 HISTORY OF MISSOURI. 

St. Louis, with its largely French population, he was received 
with great faA^or. His entrance into the city was an ovation 
— not like the triumph of a military conqueror, hut like that 
of a devoted father and patriarch returning to his own after 
a long absence in a patriotic trust elsewhere. He came up 
the Mississippi, landed at the city on April 29, 1825, where 
half of its population had assembled to meet him, all familiar 
wdth his name, and many of them of the same nationality 
and familiar with his language. 

75. The Capital of the State.— The capital of Missouri 
was fixed by the Constitution on the Missouri river, wdthin 
forty miles of the mouth of the Osage. Congress had granted 
the State four sections of land to be used for the seat of 
government. The first session of the General Assembly had 
appointed a commission of- five men to locate the capital. 
After long and weary examinations Jefiferson City w^as chosen 
and the first session of the Legislature met there in 1826. 
Prior thereto it had held its sessions in St. Charles. The 
State-house was begun in 1823, at Jefi:'erson City, on the site 
now occupied by the Governor's mansion, and was com- 
pleted by 1826, at a cost of $25,000. It burned dow^i in 1837, 
and the present building was in part erected the next year 
from stone taken from quarries at the edge of the bluff onlv 
a few rods from the Capitol. This building was enlarged in 
1887, the whole structure having cost not less than $600,000. 
The Legislature of 1895 submitted to the voters of the State 
an amendment to the Constitution wdiich provided for the re- 
moval of the capital to Sedalia. It was voted on at the 
general election of 1896, and was overwhelmingly defeated. 
The State capital, therefore, remains at Jefferson City, where 
the Constitution of 1875 placed it. 



BATES AN]J AIJIJJiR. 



419 



76. John Miller.— In 1828 (jcncral Miller was re-elected 
Governor, without opposition. The Adams party, which was 
now beginning to be called the Whig- party, had no candi- 
date. Daniel Dunklin, of I'otosi, was elected Lieutenant- 
Governor. Miller's administration was most satisfactory to 
the people. He was born in Berkeley county, Virginia, No- 
vember 25, 1781, reared on a farm, and had the advantage 
of a common school educa- 
tion only. He evinced his 
predilection for military life 
when a boy by always ''play- 
ing soldier," and his ability to 
lead by always being captain 
of his company. In the early 
part of the present century 
he located at Steubenville, 
Ohio, where -he edited and 
published a newspaper. While T 
thus engaged, he was ap- 
poined general of the State 
militia of Ohio, and held the ^^^^^ miller. 

rank of colonel in the United States army throughout the war 
of 1 81 2. He commanded the Nineteenth United States Infantry 
and was assigned to duty under General William Henry Har- 
rison. At the close of the war he was retained in the regular 
army and ordered to duty in Missouri. In 181 7 he resigned 
his command and held the office of Register of Lands till 1825, 
when he was elected Governor, and served till 1832, a period 
of nearly seven years, a longer term than has ever been ex- 
tended to any other Governor. Ho afterwards was a Repre- 
sentative in Congress for six years, and died March 18, 1846. 




420 HISTORY OF MISSOURI. 

77. General Prosperity. — Governor j\Iiller's adminis- 
tration was a time of general prosperity. The great body 
of the people were quietly toiling and preparing for the rising 
greatness of the State. All kinds 'of agricultural industry 
were followed with profit. At first most products sold at very 
low prices ; wheat at fifty cents per bushel, potatoes at fifty 
cents, flour at one dollar and fifty cents per hundred and 
pork at the same price, cows at from eight to twelve dollars 
and working oxen at from thirty to forty dollars. But these 
low prices were largely due to the difificulty of reaching the 
world's markets. Toward the close of his term steamboats 
became more frequent on the rivers, and transportation cheaper 
and easier. Then prices became better. 

78. Prairie Fires. — The "prairie fires" at this time pre- 
sented a sight never to be seen again. The prairies and woods 
were filled with snakes and numerous wild animals. To de- 
stroy these and prevent vegetation from decaying, in the 
nights of spring and fall the "prairie fires" were set, and made 
a beautiful scene, though sometimes attended with danger. 

79. The Election of 1832. — At the election in 1832 
there were three candidates for Governor. Daniel Dunklin 
of Washington county was the Democratic, Dr. John Bull of 
Howard was the anti-Jackson candidate and Samuel C. Davis 
was an independent candidate. Dunklin was elected by a 
majority of about 1,100. The Lieutenant-Governor was Lil- 
burn W. Boggs of Jackson county. Dr. Bull and William H. 
Ashley were the same year elected members of Congress, 
under a new apportionment which gave Missouri two Repre- 
sentatives instead of one. Governor Dunklin was inaugurated 
November 22, 1832. 



BATES AND MII^LER. 421 

Questions on Chapter III. 

1. Who was the second Governor of the State? (71) 

2. Who was his opponent? (71) 

3. What profitable trade did he advance? (71) 

4. How long did Bates serve? (7i\ 

5. Who succeeded to his office on his death? (71) 

6. Why did not the Lieutenant-Governor do so? (71) 

7. Who was elected Governor in 1825? (71) 

8. Give a sketch of the life of Bates. (72) 

9. What is said of dueling? (73) 

10. What is thought to be the first Governor's veto? (73) 

11. Describe the visit of Lafayette to St. Louis. (74) 

12. What is said of the capital of Missouri? (75) 

13. When was an attempt made to move it? (75) 

14. How? (75) 

15. Who was elected Governor in 1828? (76) 

16. What was the Adams party now called? (76) 

17. What is said of John ^Tiller? (76) 

18. What is said of Miller's administration? (yy) 
19- Why were prices low? (yy) 

20. What is said of prairie fires? (78) 

21. Who were the candidates for Governor in 1832? (79) 

22. Who was elected? (79) 



CHAPTER IV. 

GOVERNOR DUNKLIN'S ADMINISTRATION— 

1832-36. 
80. Governor Dunklin. — Daniel Dunklin, fourth Gov- 
ernor of Missouri, was born in South Carolina, in 1790; moved 
to Kentucky in 1807, and to Potosi, Missouri, in 1810. He 
was sharifif of Washington county while Missouri was yet 
a Territory, and was a member of the constitutional convention 
of 1820. He became Governor November, 1832, and espoused 
the cause of public schools so ardently that he may be justly 
called the father of the common schopl system of Missouri. 



422 



HISTORY OF MISSOURI. 



One month before his term as Governor expired he resigned 

to accept the office of 
Surveyor-General of Mis- 
souri, Ilhnois and Arkan- 
sas, which had been 
tendered him by President 
Jackson. In this capacity 
he estabHshed the bound- 
ary hue between Missouri 
and Arkansas, and laid out 
many of the counties of 
these three States. He 
died in 1844, and is buried 
near Pevely, Jefferson 
county, on the serene 
bluffs overlooking- the 
Mississippi — one of the 




DANIEL DUNKLIN. 



most beautiful places on the majestic river. 

81. Cholera^ — The Asiatic cholera, perhaps the most 
violent epidemic ever known in America, reached St. Louis 
in 1832. It had devastated cities in Europe; had crossed 
the seas and invaded New York, Philadelphia and Baltimore. 
The people of St. Louis had taken warning and made vigorous 
efforts to prevent its coming by using proper food and care- 
fully cleaning the streets. But the deadly malady nestled in 
the wings of the wind and baffled all opposition. It first at- 
tacked a soldier at Jefferson Barracks, at the outskirts of the 
city. It then spread rapidly among the people, many of whom 
fled to other climates. It lasted six or seven weeks. During 
a greater part of this time there were from twentv to thirtv 



Dunklin's administration. 423 

deaths a day. \\'licn it finall}- disappeared there had fallen 
one in every twelve of the eit\'s population. It also appeared 
the same year in Ste. Genevieve, Cape Girardeau, and other 
places, but the next year it prevailed with greater fatality in 
them. In 1849 ^t came again to St. Louis, with more direful 
results. In the midst of the consternation which seized upon 
the people a board of physicians pronounced against a vegetable 
diet and in favor of meat, and the city council passed a law 
prohibiting the use or sale of vegetables. The people, inter- 
preting this to mean that meat was a remedy for the disease, 
engorged themselves with it, eating even to gluttony. The 
price arose to enormous sums. But in a month or two the 
undue stimulating effects of the meat diet were seen, and the 
ordinance repealed. But still the number oi deaths reached 
one hundred and sixty a day, and between April 30 and August 
6, 4,060 persons died from cholera alone. In 1850 and 185 1 
and again in 1867 it prevailed at various points along the 
Mississippi and Missouri, but rarely reached the towns a few 
miles from the river courses. In all these places the dreadful 
pestilence stalked the land leaving death and despair in its 
wake. The healthiest and stoutest men were often the first 
stricken. Persons of robust bodies would be attacked and in 
three or four hours waste away to- skin and bones. So in- 
fectious was the disease supposed to be that burials frequently 
took place at night by torchlight, and often women and even 
parents assisted in burying their own dead. 

82. The Platte Purchase forms an unique niche in 
our American history. It was a procedure by which a large 
tract of land was added to an already large State. It wa5 
brought about by the inhabitants of Clay and adjoining coun- 



424 HISTORY OF MISSOURI. 

ties, led by men then or afterwards prominent in the State, 
and all gentlemen of ability and honor. Among them were 
General Andrew S. Hnghes, who was said to be scarcely 
second to the celebrated John Randolph in wit and sarcasm 
and was a lawyer of excellent parts ; William T. Wood, after- 
wards a resident of Lexington and a well known judge; A. 
W. Doniphan, the brave commander of "Doniphan's Expedi- 
tion" of the Mexican War ; and David R. Atchison, afterwards 
United States Senator. With the assistance of these gentle- 
men, Senators Benton and Linn pushed through Congress a 
bill by which all the country now embraced in the counties 
of Atchison, Andrew, Buchanan, Holt, Nodaway and Platte 
became a part of jN'Iissouri. On September 17, 1836, Captain 
William Clark, who had been superintendent of Indian affairs 
throughout Missouri since the time he was the Territorial 
Governor, formed a treaty with the Sac, Fox, and Iowa In- 
dians, by which they ceded this territory to the Linited States. 
In return the Indians were given $7,500 and four hundred sec- 
tions of land in northwestern Kansas, and the entire country, 
therefore, has been known as the Platte Purchase. It all lies 
between the Missouri river and a meridian line drawn through 
the mouth of the Kansas river, at Kansas City, and com- 
prises one of the richest bodies of land to be found anywhere. 
In December, 1836, Congress passed a law opening the coun- 
try to settlement, and the next year found it teeming with 
people from every State and many came from Canada, on ac- 
count of the Canadian rebellion. In a few }'ears Platte county 
was next to St. Louis in population, and sent three members 
to the Legislature, and Buchanan sent two. This ascendency 
continued till the large emigration to Kansas in 1856. 



Dunklin's administration. 425 

83. The Election for Governor in 1836 took i)lace in 
August, and was preceded b}- a warm campaign. Lill^urn W. 
Boggs was the Democratic candidate, and WiUiam H. Ashley 
of St. Louis, the Whig candidate. Boggs was elected, and 
Franklin Cannon of Cape Girardeau was chosen Lieutenant- 
Governor. The vote at this election was sixty per cent greater 
than it had been four years before. In November John Miller 
and Albert G. Harrison of Callaway county were elected Rep- 
resentatives in Congress. 

Questions on Chapter IV. 

1. Who was the fourth Governor of Missouri? (80) 

2. Who was the Father of the Public School system? (80) 

3. What further is said of Dunklin? (80) 

4. What is said of the Asiatic cholera? (81). 

5. When did it first come and what places did it visit? (81) 

6. When did it next come and what results attended it in 
St. Louis? (81) 

7. When and where did it come again? (81) 

8. How did it attack the people? (81) 

9. What is said of the Platte Purchase procedure? (S<2) 
TO. Who were the principal men in the movement? (82) 

11. What counties did it add to Missouri? (82) 

12. Who conducted the negotiations with the Indians? (82) 

13. What were the terms of exchange? (82) 

14. What Indian tribes were concerned in the purchase? (82) 

15. What is said of the settlement of the country? (82) 

16. In what months were the elections of 1836 held? (83) 



CHAPTER V. 



GOVERNOR BOGGS AND MORMON TROUBLES. 

84. Governor Boggs. — Lilburn W. Boggs was born at 
Lexington, Kentucky, in 1796. He served as a soldier in the 
War 'of 1812, and in 1816 came to Missouri, first settling 

at St. Louis, then at St 
Charles, Franklin, and in 
Jackson county, being en- 
gaged most of the time in 
the fur trade. In 1826 he 
was elected to the Legisla- 
ture, and served in that 
body during several ses- 
sions. In 1832 he became 
Lieutenant - Governor, and 
on the resignation of Gov- 
ernor Dunklin, assumed the 
duties of his office. He 
was elected Governor in his 
own right within a month., inaugurated November 23, 1836, 
and served four years. He was afterwards a leading member 
of the State Senate, and in 1846 moved to California, where 
he filled honorable public offices, and died in 1861. 

85. Mormon Troubles. — The founder of Mormonism 
was Joseph Smith, an uneducated, eccentric, erratic youth of 
New York, who regarded himself as the "Revelator and 
Prophet" of a new faith, and. claimed he was, by divine ap- 

(426) 




LILBURN W. BOGGS. 



c;()vi-:rnor t.oggs and mormon irouiu.es. 427 

pointnient, to establish a king'dom as precursory of the millen- 
nial reign of Christ on earth. He was born in Vermont, and 
removed with his father to Palmyra, New York, in 181 5. Here 
he became within a few years much impressed by religious 
revivals. In 1823 he claimed an angel named Moroni came to 
him and revealed the place where plates of gold, containing 
inscriptions of the early history of America, could be found. 
These plates this angel delivered to him at the place men- 
tioned in the dream. They were covered with Egyptian char- 
acters, resembling hieroglyphics, and by the aid of Oliver 
Cowdery, whom John the Baptist came to the earth to ordain, 
he translated them into the "Book of Mormon," as a special 
revelation from Heaven. This book has been the mythical 
source of the Mormon faith, and is accepted by the faithful 
Mormon as a revelation from God, of equal authority with 
the Bible. 

86. At Independence. — Smith made some converts in 
Xew York. In 1831 he moved to Ohio, and the next year to 
Jackson county, Missouri, found the "Zion" of his prophecy 
at Independence and named it the "Xew Jerusalem." The 
"Saints" entered much land, owned all things in common, 
though most of the titles were in the bishops, established the 
"Lord's Storehouse" at the New Jerusalem and started the 
Evening Star, the first newspaper published in that part of the 
State, in which weekly appeared "revelations" promising won- 
derful things toi the faithful. They called all persons not Mor- 
mons, Gentiles, and pronounced curses upon them, who tarred 
and feathered two of their bishops and threw their printing 
press into the streets. An encounter took place between the 
Mormons and Gentiles in 1833, near Westport, in which the 
latter were defeated, and two Gentiles and one Mormon were 



428 _ HISTORY OF MISSOURI. 

killed. Then the Mormons determined to drive out the Gen- 
tiles from Independence, but the latter were successful and 
compelled the Mormons to cross the river into Clay, Carroll 
and chiefly Caldwell county. 

87. Far West. — In Caldwell county the Mormons began 
another town and called it "Far West," and Jo. Smith promised 
it would soon become 'one of the mighty cities of the world. 
Missionaries canvassed the East for converts. They poured 
into the new town rapidly. Settlements soon extended over 
four or five counties. In 1837 ^^^Y began work on the temple 
at Far West. It was to be the most magnificent in the world. 
But it was never to be completed. Many industrious, pros- 
perous citizensdiad been drawn hither. Many thieves had also 
come. They believed it was proper for them to steal from 
the Gentiles. They, therefore, wandered through the coun- 
try and appropriated whatever they saw and desired. The 
majority of the people being Mormons, no punishment was 
inflicted upon the thieves, as they also claimed to be Mormons. 
This condition appealed to the citizens of other parts of the 
vState for interference. 

88. Outside Interference. — It first began at DeW^itt on 
the Missouri river in Carroll county. Here the Mormons 
had established a thriving settlement. It had a good wharf 
for boats and was the best port for Far West trade. Colonel 
G. W. Hinkle was the principal man of the town. A com- 
mittee of citizens, led by Rev. Sarchel Woods, notified him 
that at a large meeting in Carrollton it had been determined 
to drive the Mormons from DeWitt. Hinkle drew his sword 
and defiantly threat^ened death to all persons who would 
interfere with the Saints. "Put up your sword. Colonel," 
said Mr. Woods ; "I am. an old pioneer, have heard the In- 



GOVERNOR BOGGS AND MORMON TROUBLES. 429 

dians yell, the wolves howl and the owls hoot; and am not 
alarmed at such demonstrations." But Hinkle did not go, and 
toward the last days of September, 1838, four or five hundred 
troops, under Congreve Jackson of Howard county, had bivou- 
acked near the town. The Mormons were reinforced also, 
and the Gentiles were anxious for a fray. But Judge Earick- 
son, of Howard county also, interfered in the interest of 
amicable settlement. The Mormons finally agreed to leave, 
to pay for all the cattle stolen, and the Gentiles were to pay 
first cost on the lands. Men, women and children loaded their 
goods into wagons and started a long, sad train for Far West. 

89. Mormons Expelled. — The indignation against the 
Mormons had now become general. The people clamored for 
their expulsion from the State. Governor Boggs ordered out 
the militia to put down the insurgents and enforce the laws. 
General John B. Clark of Howard county was put in charge 
of the raw militia and General A. W. Doniphan of the regular 
militia. A thousand Mormons, commanded by Colonel Hinkle, 
were in arms. In the southwest part of Caldwell, Clark and 
Doniphan first met David Patten, or Captain ''Fear-Xot," who 
led the "United Brothers of Gideon," and who was there 
killed. Fifteen miles east of Far West they met 125 Mormons 
under arms, and a skirmish ensued in which eighteen of them 
were killed, some of them after they had surrendered. Clark 
and Doniphan pressed on toward Far West. The IMormon 
leaders agreed upon terms of surrender without a battle. They 
were to deliver up their arms, surrender their prominent 
leaders for trial, and all other Mormons should leave the State. 
Much distress followed these terms of surrender and the con- 
sequent removal. Many of the Mormons were poor. Like 
most early settlers of Missouri they had put most of their 



430 HISTORY OF MISSOURI. 

money into land. This they were required to part with for 
ahnost nothing. Farms were traded for a horse, or a wagon 
or a }'oke of oxen. JMost of their number, at that time about 
4,000 in Caldwell county, went to Nauvoo, Illinois. Far West 
is now a cornfield with only a few gravestones to mark its 
former site. 

90. Among the Leaders Surrendered were Joseph 
Smith, Parley P. Pratt, Colonel Hinkle, Jacob Gibbs, and 
others, about twenty in all. They were indicted for treason, 
arson, murder, robbery, resisting legal process, and other 
crimes. By change of venue their cases were taken to Boone 
county for trial. On the way Joseph Smith escaped by bribing 
the guard. Pratt escaped from jail. Gibbs and the others 
were tried before Judge David Todd and acquitted. General 
Doniphan was their lawyer. Joseph Smith joined his followers 
in Illinois. There, about 1842, he had another "revelation" 
authorizing polygamy. He, his brother, and others were 
arrested and lodged in jail. Here a mob put them to death in 
June, 1844, but not till the Prophet had fought with despera- 
tion for his life, killing one man and wounding two others. 
After his death the "Council of Twelve Apostles" elected 
Brigham Young to be his successor. The Mormons were soon 
driven from Illinois to Utah, where they are still numerous 
and powerful. Some of them, however, among them Oliver 
Cowdery and David Whitmer, both of whom attested Smith's 
"Book of INIormon" as "a divine revelation and translation," 
remained in Missouri at the time most Mormons went to 
Nauvoo, withdrew from the body of Latter Day Saints, de- 
nounced its espousal of polygamy, and organized the ''Church 
of Christ," which vet has an influential following in Ray and 



(JON'ERNOK 1U)C;GS AND MORMON TROUELKS. 43I 

Other counties, and holds to the "JJook of Mormon" as a 
"divine revelation." 

91. The Part Taken by Governor Boggs in driving 
out the Mornions determined their leaders upon his assassina- 
tion. He lived at Independence, and to that place in 1841 
came Peter Rockwell, a Mormon, who hired himself as a 
common laborer under a different name. After he had become 
acquainted he easily found an opportunity for his desperate 
intention. Late one evening as Boggs was leaning with his 
back to an open window, Rockwell shot him in the head. 
The wound was a terrible one ; three of the balls lodged in 
his head and neck; another passed through and came out at 
the mouth. Nevertheless, he recovered. Rockwell was tried 
and acquitted. 

Questions on Chapter V. 

1. Who was the next Governor of Missouri? (84) 

2. What is said of him? (84) 

3. What is said of Joseph Smith and the origm of the Book 
of Mormon? (85) 

4. When did the Mormons first come to Alissouri? (86) 

5. How were they received at Independence? (86) 

6. What is said of Far West? (87) 

7. What now became the conduct of some persons claiming 
to be Mormons? (87) 

8. Why were they not punished? (87) 

9. Describe the troubles at DeWitt. (88) 

10. For what purpose did the Governor order out militia? (89) 

11. Who was in command? (89) 

12. Whom did they first meet? (89) 

13. What of the next skirmish? (89) 

14. What did the Mormons now do? (89) 

15. What was done with their leaders? (90) 

16. What was Smith's next revelation? (90) 

17. What became of him? (90) 



432 HISTORY OF MISSOURI. 

i8. Who was his successor? (90) 

19. And what became of the jNIormons of Illinois? (90) 

20. What is said of another sect of Mormons that remained 
in Missouri? (90) 

21. Describe the attempt to assassinate Boggs. (91) 



CHAPTER VI. 

THE ADMINISTRATION OF REYNOLDS AND 
MARMADUKE. 

92. Financial Troubles and State Banks.— At the time 
of the Presidential election of 1840, there was some dissatis- 
faction in Missotiri with the Democratic party, which had been 
in power in the Federal Government for many years, because 
of the widespread financial troubles of a few years before. 
These had grown out of the wild speculations in lands and 
general recklessness in trade which had seized upon the nation 
some years before, and these financial panics were the natural 
results of the stringency and reaction following those reckless 
speculations. But the Whig party saw a good opportunity to 
turn them to fine political advantage and was not slow to do 
so. A few years before, the charter of the old United States 
Bank, which had been in existence, with the exception of a 
few years, for forty years, expired. The Whigs strongly 
favored its re-charter, but were defeated l3y the Democrats 
under the lead of President Jackson. After the overthrow 
of the bank, he had the national funds deposited in the various? 
State banks. In each State there was one central bank, with 
branches at other commercial centers. In Missouri the prin- 
cipal bank was in St. Louis, with a branch at Fayette, and 



ADMINISTRATION OF KliYNOLUS AND MAKMADUKIC. 433 

later on other branch banks were estabhshed at other points. 
This action on the part of Jackson preceded only about a year 
the storm which swept over the financial world in 1837, al- 
though the death blow to the bank had been i^iven in 1832. 
The fate of the bank had little or nothing to do with the dis- 
tress, yet they came close together and the Whig party made 
much out of the coincidence. But the people of Missouri had, 
from their organization as a State, profited by the lesson^ 
learned in the financial troubles of 18 18, and had avoided in 
a great measure much of tlie speculation rife elsewhere. They 
had always believed in "hard money," or gold and silver, and 
hence never were afflicted with the "w^ild-cat" paper currency 
which proved so injurious to the prosperity of some States, 
except as they felt it in their outside trade. The Democratic 
party being then the special advocates of "hard money," the 
majority of them up to this time had voted with that party. 
93. The State Ticket and the Result.— The Whigs 
undertook 'to w^in them from their old faith, and the campaign 
of 1840 was the most energetic of any ever had in the State 
prior to the Civil War, if not up to this time. They supple- 
mented their national ticket in Missouri by adding to it one 
of the most powerful stump speakers ever in the State, Gen- 
eral John B. Gark of Howard county, as candidate for Gov- 
ernor. Their principal doctrines were opposition to Jackson's 
policy, and the liberal use of the State's and Government's 
money in public improvements within the State. . But the Dem- 
ocrats were also active. They regarded President Jackson as 
the people's friend and the doctrines he and his followers so 
much emphasized as the true principles of civil government. 
In opposition to Clark they nominated Thomas Reynolds, also 

28 



434 HISTORY OF MISSOURI. 

of Howard county, a man of solid worth, and in spite of the 
active efforts of the Whig's the Democrats again carried the 
State, as they had always done since the formation of parties 
in the State, and as they have usually done since. Thomas 
Reynolds was elected Governor, and Meredith M. Marmaduke 
of Saline, Lieutenant-Governor. 

94. The Whigs. — The Whigs at this election for the 
first time assumed a distinct organization in Missouri. Before 
that, some Whigs had been very prominent in politics, and 
had been elected to important offices, but they were chosen 
often on account of their personal popularity and worth, 
rather than because of their politics. But for the next twelve 
years the party made bold and aggressive campaigns at every 
election, although it at no time gained control of the State. 
Among its members were many of the ablest and best men 
Missouri has ever had. They were also its wealthiest, which 
fact contributed no little to their defeat at the polls. The 
Whigs were often styled the "aristocrats" of Missouri by 
their political enemies, and this did its share in preventing the 
party from gaining a strong hold on the popular heart. 

95. Muster Day. — Muster day was a time of much 
interest to the people of Missouri Up to about 1840. In 1825 
the Legislature had enacted an elaborate law for organizing 
the militia. By it all men over eighteen years old and under 
forty-five, except a few specially exempt, were enrolled as 
State soldiers. The purpose of the law was* to prepare the 
State for Lidian wars or any other emergency that might 
arise. On the first Saturday of April every year, the citizens 
of each township, or, if the population was sparse, of each 
count}', came together to be organized into companies and 
drilled for soldiers. This was called "Muster Day." Then 



ADMINISTRATION OF REYNOLDS AND MAKMADUKE. 435 

in Ma\ all the com]:)anies in a coimty came together and were 
V)rganize(l into battalions, drilled and paraded for several days. 
In October drills were bad by regiments and brigades. All 
of these occasions were looked forward tO' by the people with 
a great deal of interest and expectation. The wealthy made 
display of gorgeous uniforms and splendid steeds, and chivalric 
heroes were received with demonstration O'f popular favor. 
On Muster Day nearly all the people from the surrounding 
country witnessed the organization and drill of the soldiers, 
and as a result it became a time when debts were paid, loans 
made, and much trading done. No other day in all the year 
was so generall}' observed and none did so much to get the 
people acquainted with each other. It also did much towards 
cultivating a pride in the State and her institutions. Offices 
in the militia, though almost entirely without emolument, were 
as eagerly sought after as any in the State. However, there 
were some persons exempt from this service. They were any 
civil officers, preachers, teachers, millers, and students in 
school. Ministers were at no time required to perform any 
kind of military service, nor were they permitted tO' hold any 
civil off'ice till the new Constitution was adopted in 1865. But 
under the military law ministers could be chaplains, and to be 
chosen as such was an honorable distinction. 

96. Imprisonment for Debt. — The one action in Gov- 
ernor Reynold's life for which he will be most remembered, 
and in wdiich he most prided himself, was the repeal of all 
laws which permitted imprisonment 'for debt. This was done 
by the Legislature at its session in 1842-43. Up to this time 
when one proved in court that another owed him a debt, how- 
ever small or large, he could have him imprisoned till it was 
paid. The laws in those times were unduly hard on the debtor. 



436 



HISTORY OF MISSOURI. 



They allowed him but few things that a sheriff could not lay 
hold of and sell. If he had been unfortunate and lost his 
property, he could retain not over a hundred dollars worth for 
his family, and besides the avaricious creditor could come 

with an armed officer and 
take him away to jail, and 
thereby deprive his wife and 
children of the benefit of his 
toil. The worst part about 
such a law was that it was 
the cruel and avaricious man, 
the one without mercy or a 
danger of want, who' oftenest 
made use of it. It also 
worked the greatest hard- 
ship on those whO' needed the 
State's protection most. This 

barbarous law', wdiich was 

THOMAS REYNOLDS. qucc in foTcc in uiost of the 

early States, Governor Reynolds determined to have repealed. 
He wrote the act himself and by earnest and persistent en- 
deavor pushed it through the Legislature. It was one of the 
shortest laws ever enacted, and simply read, "Imprisonment 
for debt is hereby forever abolished." 

97. Thomas Reynolds.— Governor Reynolds, elected 
in 1840, was a man of excellent ability. He was born in Ken- 
tucky. He resided in Illinois for a few years, and was there 
Supreme Judge of the State. In 1828 he moved to INIissouri, 
was successively a member of the General Assembly, Speaker 
of the House, Circuit Judge, and Governor. While yet hold- 




ADMINISTRATION OF REYNOLDS AND MARMADUKE. 437 



ing" this last office, 011 February 9, 1844, for the first time in 
his Hfe, he asked a (Hvine blessing at his breakfast table, then 
went to a room in the Ex- 
ecutive Mansion, locked the 
door and shot himself. For 
several months he had been 
in poor health. It was 
thought this and domestic 
troubles had impaired his 
sanity. He left a note in 
which he said "the abuse and 
slander of his enemies" had 
rendered his life a burden to 
himself and prayed God to 
"forgive them and teach 
them more charity." Lieu- m. m. marmaduke. 

tenant-Governor Marmaduke became the Governor and served 
till the twentieth of the next November, being a man of emi- 
nently respectable talents, and making a wise and safe ruler. 

98. The Election of 1844.— The election of 1844 has 
some interest beyond ordinary elections. Congress, at a 
previous session, had given instruction for the division of the 
State into Congressional districts. By the census of 1840, 
Missouri had, because of the great increase of her popula- 
tion, become entitled to five Representatives in Congress in- 
stead of two as was the case from 1830 to 1840. Up to this 
time the State had never been divided into Congressional 
districts, nor was it now. The -Legislature would not acknowl- 
edge the authority of Congress in the matter and refused to 
district the State. This action created some feeling- in political 
affairs, and the Whigs, professing to believe the election of 




438 HISTORY OF MISSOURI. 

Congressmen on a general ticket in this wise would be illegal, 
refused to nominate candidates, and let the election go by 
default. The Democrats, left free from the opposition of a 
common rival, disagreed among themselves. One faction, 
which wished for silver and gold (hard) money and also 
desired the return of Thomas H. Benton to the Senate, be- 
came known as "Hards," and nominated John C. Edwards of 
Cole county for Governor, and James Young of Lafayette for 
Lieutenant-Governor, and placed on the same ticket five can- 
didates for Congress. The "Softs" desired a liberal issue of 
paper money and were opposed to the return of Mr. Benton 
to the Senate, his long dominant influence in the State having 
become distasteful to them. They did not nominate a candi- 
date for Governor, but supported Charles H. Allen, an Lide- 
pendent candidate, who was also supported by the Whigs. 
Edwards was elected by a majority of 5,600 votes, and was 
inaugurated November 20, 1844. At this election John S. 
Phelps and Sterling Price wxre elected to Congress — men 
destined to become very prominent in State afifairs for the 
next thirty years. 
Questions on Chapter VI. 

1. What caused dissatisfaction with the Democratic party? 
(92) 

2. What had caused these troubles? (92) 

3. What is said about the establishment of State banks? (92) 

4. What did the Whigs claim this action caused? (92) 

5. What about "wild cat" money in ^lissouri? (92) 

6. What course did the Whigs pursue? (93) 

7. What is said of John B. Clark? (93) 

8. How did the Democrats regard Andrew Jackson? (93) 

9. Whom did they nominate for Governor? (93) 
ID. Who were elected? (93) 

IT. What is said of the Whigs in section 94? 
12. Describe the militia and muster day. (95) 



ADMINISTRATION OF KDWARDS AND KING. 



439 



13. What is said of positions in the militia? (95) 

14. What citizens could not then hold civil office? (95) 

15. For what great act is Thomas Reynolds remembered? (96) 

16. What is said of such a law? (96) 

17. What were the exact words of the repealing statute? (96) 

18. Who became Governor in February, 1844? (97) 

19. Discuss the election of 1844 and the issues. (98) 

20. WHiat two noted men were elected to Congress? (98) 



CHAPTER VII. 

THE ADMINISTRATIONS OF GOVERNORS 
EDWARDS AND KING. 

99. Governor Edwards. — John Ciimmings Edwards, 
the eighth Governor of Missouri, was born in Kentucky in 
i8c6, but was reared in Rutherford county, Tennessee, and 
received a classical educa- 
tion. He was licensed to 
practice law in Tennessee, 
and came to Missouri in 
1828. In 1830 he was ap- 
pointed Secretary of State 
by Governor Miller, and 
held the office till 1S37, ^"^^^^ 
then was a member of the ;^ 
Leg-islattire for one term, in 
the meantime giving special 
attention to his farm, ot 
which he was very fond. In 
1840 he was elected tO' Coii- john c. edwarus. 

gress, and in 1844 he became Governor and served till the 
27th of December, 1848. The follow^ing May he left Missouri 
for CaHfornia, where he died in il 




440 HISTORY OF MISSOURI. 

100. Texas. — The annexation of Texas and the acquire- 
ment of New Mexico are a part of the history of Missouri. 
The United States had once a shadowy title to Texas. In 
1819 it was traded to Spain for the Floridas. The policy of 
the nation, it mattered not which party was in power, was 
from that time on to regain it. But from the time Spain ac- 
quired it there had been a constant stream of emigrants thither 
from Missouri. Hence the people of this State were closely 
connected with those of Texas by ties of blood. 'Tt is prob- 
ably within the bounds to assert that between 1822 and 183O 
there were few prominent Missouri families that were not at 
some time represented in the life of Texas." A Missourian 
named Austin made a settlement there and gave his name to 
its present capital. In 1835 Texas won her independence from 
Mexico in a predatory war known as the Texas Rebellion, 
and was largely assisted by Missourians who could not ignore 
her cry for help, although all the assistance given was by 
private citizens, who gave their aid on their own responsibility 
and not from any authority or consent of the State or Union. 
But soon after winning her independence Texas desired to 
become a State. This was at first stoutly opposed, but in 1844 
her admission to the Union was made the principal issue in the 
Presidential campaign. Missouri's interest in the matter was 
yet strong. She was in favor of the admission of Texas, and 
so cast her vote against Henry Clay, the most, popular candi- 
date the opposition could bring forward, and always a favorite 
in Missouri. The nation as well declared for her admission, 
and the matter having been settled by the popular voice, Texas 
was admitted into the Union in 1845. Mexico had prior thereto 
warned the United States that such admission would cause 
her to declare war. Accordingly on April 24, 1846, the Mex- 



ADMINISTRATION OF EDWARDS AND KING. 



441 



ican coniinandcr on the Texas border notified General Zachary 
Taylor that he considered hostilities to have begun, and a few 
days afterwards Congress declared "war existed by the act of 
]\Iexico." 

101. Doniphan's Expedition. — Many Missonrians took 
part in the Mexican War. A few hundred of them joined 
the regular army under Taylor and Scott and shared in the 
honor of capturing the city of Mexico. But so far as the 
United States was concerned this was by no means as import- 
ant as the subjugation and acquirement of New Mexico, 
which was done almost entirely by Missouri volunteers. In 
the middle of May, 1846, Governor Edwards called for volun- 
teers to join the "Army of the West." Thirteen hundred and 
fifty-eight men assembled at Fort Leavenworth from the coun- 
ties of Jackson, Lafayette, vSaline, Clay, Franklin, Cole, How- 
ard, and Callaway. A. W. Doniphan of Clay was elected 
colonel, and because of his prudent wisdom and energy in 
the campaign, it has usually 
been called ''Doniphan's Ex- 
pedition.'' They were joined 
at Leavenworth by 300 reg- 
ulars from the United States 
army, with 16 pieces of artil- 
lery, and the whole force was 
placed under the command 
of General Kearney, also a 
a citizen of ]\Iissouri. In 
June they set out over the 
plains for Santa Fe, 900 
miles distant, and reached it 
m less than fiftv davs, having; Alexander w. DONirHAN. 




442 HISTORY OF MISSOURI. 

traveled through an iininliabited country and suffered much 
for water, yet with Httle loss in men or animals. 

102. Capture of Santa Fe. — Upon their approach the 
Mexican governor abandoned the place, and sO' the Americans 
took possession ''without firing a gun or shedding a drop of 
blood." Santa Fe was then the center of the overland trade 
with Missouri and the distributing points for all trade with 
northern Mexico. It was the political capital of the country 
north of the Rio Grande, which hitherto had resisted all at- 
tempts at conquest by Texas. The next day after its capture, 
General Kearney issued a proclamation by which he absolved 
the people from all allegiance to Mexican authority, and by 
"one stroke of the pen transformed them into citizens of the 
United States." With characteristic energy and aggressive- 
ness. General Kearney caused a constitution and code of laws 
to be prepared by Doniphan and Willard P. Hall, both Mis- 
souri lawyers, which changed New Mexico in name and fact 
from a province of Mexico into a Territory of the United 
States. He appointed Charles' Bent Governor and Francis P. 
Blair Attorney-General. Fie then set out for the Pacific coast 
to bring California under like subjugation, leaving Colonel 
Doniphan in command. The day after his departure Colonel 
Sterling Price arrived at Santa Fe. He had resigned his seat 
in Congress and taken the lead of a large force of men and 
marched to join the "Army of the West," one. company having 
been collected from each of the counties of Boone, Benton, 
Carroll, Chariton, Linn, Livingston, Monroe, Randolph, Ste. 
Genevieve and St. Louis. 

103. Battle of Bracito. — Leaving Price in charge of 
the troops at Santa Fe, and having in a short time put down 
a considerable uprising of the Navajo (pro. Nav-a-ho) In- 



ADMINISTRATION OF EDWARDS AND KING. 44*3 

(liaiis, who liad lout^- been in liostilities with the people of 
New Mexico, Doniphan started to Chihuahua (She-waw-vvavv) 
900 miles distant, to join General Wool. A sandy desert, 
without wood or water, had to be crossed. In three days this 
was done and the army had running water. They arrived on 
Christmas day at a little place called Bracito (Bra-se-to). 
Here they halted and began to collect feed for their horses and 
water and fuel. Suddenly a superior force of Mexicans darted 
upon them in full fire. The Missourians quickly formed on 
fo'ot, held their fire till the Mexicans came within easy range 
of their guns and after a half hour's fighting drove them from 
the field, "leaving 63 dead and 150 wounded." 

104. Capture of Chihuahua. — Two days later Doni- 
phan reached El Paso and learned Wool had not taken 
Chihuahua nor moved toward it. After waiting till the eighth 
of February for the arrival of some artillery from Santa Fe 
under Captain Weightman, also a Missourian, he set out again. 
In three weeks he was within fifteen miles of Chihuahua, 225 
miles from El Paso, with 924 efifective men and a caravan 
of 300 traders' wagons which had followed him all the way for 
protection and trade with the Mexicans. Here Doniphan 
learned "the enemy was strongly posted on high ground, forti- 
fied by entrenchments and well supplied with artillery," con- 
sisting of "about 4,000 men, of whom 1,500 were rancheros 
badly armed with lassos, lances and cornknives." Despite their 
superior numbers he determined to attack them. He advanced 
with seven dismounted companies and three mounted. A 
charge of these with the aid of twO' twelve-pound cannon de- 
cided the battle. The Mexicans fled. Three hundred of them 
were killed, three hundred wounded and forty taken prisoners. 
The Missourians' loss was one killed and eleven wounded. 



444 HISTORY OF MISSOURI. 

The IMissourians now started for the mouth of the Rio Grande, 
which they reached the ninth of June, 1847, ^^"^^ ^^^^ I'^^^t ^^V 
embarked for New Orleans and for home. 

105. A Pleasing Incident. — After leaving Chihuahua 
only one incident need be mentioned. The Mexican people 
of Parras had shown great kindness to the sick of Wool's army. 
After he left they had been plundered and threatened by a 
marauding band of Indians. Although Mexicans they appealed 
to Doniphan for help, w^ho detached Captain Reid and thirty- 
five men for the purpose. They severely punished the Indians 
and recaptured and returned to their parents eighteen Mex- 
ican boys and girls. This shows how willing these Missouri 
bo}'s were to do an act of humanity to even an enemy in dis- 
tress. 

106. Results of the Expedition. — This was the end of 

"Doniphan's Expedition." He had traveled 3,000 miles 
from Fort Leavenworth to the mouth of the Rio Grande in 
nine months, with a loss all told of less than fifty men, and 
had prepared the way for the acquirement by the United States 
of New INIexico, a tract nearly twice as large as Missouri. 

107. Price Around Santa Fe. — We must return to 
Santa Fe to note what had been going on there. There was 
a ^'deadly hostility" toward the Americans ; an intrigue was 
formed, and in an uprising of Mexicans on. the nineteenth of 
January, 1847, Governor Bent had been killed while on a visit 
to his family at Taos, seventy miles from Santa Fe. Colonel 
Price set out at once \vith 350 men and met the Mexicans at 
Canada, New Mexico. After a short skirmish the Mexicans 
were driven from their position. They left behind thirty-six 
dead on the field. Price's loss was two killed and seven 



ADMINISTRATION OF E1>\VAR1)S AND KING. 445 

wouiulcd. Price followed on. He was joined by Captain 
r.nri^win with one company, which swelled his number to four 
hundred and eighty. The enemy had taken refuge in a pueblo 
near San Fernando de Taos. This place was enclosed with 
strong walls and pickets. In it were two pyramid-shaped 
buildings seven or eight stories high, and built of sun-dried 
brick. Their walls were thick and pierced for rifles. Here 
the Mexicans successfully defended themselves for two days. 
Price's cannon could not make a breach in the stubborn walls 
of these buildings. He, therefore, ordered that they be stormed 
on all sides at once. The soldiers cut their way through the 
walls with axes, and then brought up their six-pound cannon, 
by which the "holes were widened into a j^racticable breach." 
The buildings were carried without further resistance and the 
siege was ended, with 150 Mexicans killed out of six or seven 
hundred, and seven of the Missourians killed and forty-five 
wounded, many of wh'om died. Fifteen of the prisoners were 
hanged for treason. 

108. New Mexico Won. — Thus ended the revolt. But 
it began again in a few months. It had all the time been 
carried on by small bands of marauders, red and white, who 
robbed passing trading wagons. Soon came the report that 
a large hostile force was approaching from the south. PVice 
called for additional troops. He was soon at the head of 
3,000, nearly all of whom were from Missouri. With this 
number he found no difficulty in maintaining order and the 
jwsition he had woii. The people of New Mexico in a short 
time submitted to the situation, and the treaty of 1848 ending 
the Mexican War, gave sanction to what had been done by 
Kearney, Doniphan, and Price, and acknowledged that New 
Mexico had for some time been territorv of the United States 



446 



HISTORY OF MISSOURI. 



109. Austin A. King. — In 1848 Austin A. King-, of 
Ra\- connty, was pnt forward by the Democrats for Go-vernor, 
and James S. Rollins, of Boone, by the Whigs. The Demo- 
crats had steadily gained in 
numbers during the past 
four years, and although 
Rollins was one of the most 
popular and gifted men in 
the State, King was elected 
by 15,000 majority out of a 
total vote of 83,000. Thomas 
L. Price, a Benton Demo- 
crat of Cole county, was 
elected Lieutenant-Governor. 
King was born in Tennessee 
in 1801, a son of an old 
Revolutionary family. He 
received a good education. 

AUSTIN A. KING. became a learned lawyer, 

and came to Missouri, first settling in Boone county, and served 
one term in the Legislature from there. In 1837 ^^^ moved 
to Ray county and was appointed circuit judge, and served in 
that capacity till elected Governor. He was elected to Con- 
gress in 1862, and died in 1870. 

110. Fire in St. Louis. — A destructive fire occurred in 
Ma}', 1849, among the boats of St. Louis. The steamer, 
White Cl'oud, took fire. Twenty-three other boats were soon 
in fiames. The line of conflagration was a mile long. The 
fire spread to the city and whole blocks were burnt. All the 
buildings on Front street, from Locust to Market, were swept 




ADM IN ISI RATION Ol-" l':i)\\AKnS AND KlxNG. 447 

a\v':iy. Hircc milliun dullars was the value of the property 
destroyed. 

111. The Iowa Line. — In 1849 ^^^c Supreme Court of 
the United States settled the long and sore contest between 
Iowa and Missouri as to which should) own a strip of land 
twenty miles wide lying between the undisputed territory of 
each. The Missouri Constitution, wdiich had been accepted 
by Congress in 182 1, said that the northern boundary line 
should be the "parallel that passes through the rapids of the 
river Des Moines, making the said line correspond with the 
Indian boundary line." IMissouri claimed the northern border 
should be a parallel of latitude which passed through the 
rapids of the river Des Moines, and Iowa claimed it should be 
a parallel which passed through the Des Moines rapids in tlic 
Mississippi twenty miles further south. From 1837 the in- 
habitants of this strip had voted at Missouri elections. But 
in 1845 2. IMissouri sheriff, acting under the order of a IMis- 
souri court, had arrested some criminals on this strip, and was 
himself arrested and convicted by an lo^wa Territorial court 
on the ground that he was exercising authority 011 Iowa ter- 
ritory. The contention at once took a serious face, and was 
made the subject of many fiery speeches in the campaigns for 
several years. Unfriendly and revengeful feelings began to 
grow between the people O'f Missouri and Iowa. The matter 
was quietly and peaceably settled, however, by the United 
States Supreme Court, and thus the importance of having 
such a body to settle disputes between the States was shown. 

112. The Settlement. — The Indian border line was 
adopted as the pro])er dividing line between the two States. 
It ran almost in the middle of the twenty-mile strip. It had 
been established in 1816, by John Sullivan, as the northern 



448 HISTORY OF MISSOURI. 

boundary of IMissouri. Sullivan was a United States sur- 
veyor, appointed for the purpose of establishing this line. The 
mistake made in running it was one cause of the trouble, and 
that mistake has never been corrected and still remains. He 
began on a meridian one hundred miles north of Kansas City, 
and, instead of running due east, varied to the north, and at 
the river Des Moines had varied four miles in that direction. 
But the United States had by no less than sixteen treaties with 
the Indians recognized the line he ran as the border of IMis- 
souri. Missouri had so regarded it up to 1837, ^^^^ the court 
now held that it should forever be the dividing line between 
the two States. By this decision Missouri lost a strip of land 
ten miles wide on the east and fourteen on the west ; and Iowa 
lost the rest of the twenty-mile strip. This will explain why 
the border line between Missouri and Iowa does not run due 
east and west. 

Questions on Chapter VII. 

1. Give a sketch of the life ui John C Edwards. (99) 

2. How did the United States acquire the Floridas? (100) 

3. What part did Missourians take in settling Texas? (100; 

4. What is said of the Texas Rebellion? (100) 

5. -And the efforts to make Texas a State? (100) 

6. How did the war begin? (100) 

7. What part did Missourians take in the Mexican War? (lOO) 

8. Describe Doniphan's expedition. (loi) 

9. Describe the capture of Santa Fe. (102) 

10. What else did Kearnej^ do? (102) 

11. Who now came on the scene? (102) 

12. What did Doniphan do? (103) 

13. Describe the battle of Bracito. (103) 

14. Describe the capture of Chihuahua. (104) 

15. What pleasing incident is mentioned? (105) 

16. What were some of the results of the expedition? (106) 

17. What had been going on at Santa Fe? (107) 



BENTON AND THE JACKSON RESOLUTIONS. 449 

18. Describe the capture of San Fernando de Taos. (107) 

19. How was New Mexico finally won? (108) 

20. What is said of Austin A. King? (109) 

21. What destructive fire is mentioned? (no) 

22. What is said of the contentions over the Iowa line? (m) 
22,. How was the issue settled? (in) 

24. What line was fixed upon? (112) 

25. What did Missouri gain and lose by this decision? (112) 



CHAPTER VIII. 

BENTON AND THE JACKSON RESOLUTIONS. 

113. Contentions Over Slavery. — The slavery question 
again stirred the State. It grew out of the acquisition, by the 
nation, of California and New Mexico. All of the last and 
part of the first lay south of parallel thirty-six degrees and 
thirty minutes, agreed upon by Congress as the line north of 
which slavery was not to exist. But African slavery had never 
existed in New Mexico. \\'hen, therefore, it became territory 
of the United States, the north contended that slavery must not 
be introduced there. It ^vas the desire of the south that it 
should. A large portion of the people of Missouri held that 
the proper way to settle the matter was for Congress not to 
interfere at all, but let the inhabitants of the territory determine 
for themselves whether or not slavery should exist there. By 
way of giving expression to this view a series of propositions 
known as the "Jackson Resolutions" were passed by the Leg- 
islature in January, 1849. They were so called because Clai- 
borne F. Jackson of Howard county, afterwards Governor of 
the State, was chairman of the committee which reported them 
to the Senate, though they were written, it is said, by Judge 

29 



450 HISTORY OF MISSOURI. 

W. B. Napton, a member of the Supreme Court from the 
county of Saline. 

114. The Jackson Resolutions. — The Jackson Resolu- 
tions were passed by a vote of about twenty-four to seven in 
the Senate and sixty to twenty-two in the House, the Demo- 
crats generally voting for them and the Whigs against. The 
resolutions were six in number. Only the salient points of 
three or four of them need be here given. The first contended 
that the Constitution gave Congress no power to legislate on 
the subject of slavery; the fourth, that the right to prohibit 
slavery in any territory belongs exclusively to the people 
thereof; the fifth, that if Congress passed any act in conflict 
with these principles, Missouri will co-operate with "the slave- 
holding States for our mutual protection against the encroach- 
ments of Northern fanaticism." The sixth, instructed Messrs. 
Benton and Atchison, Missouri's United States Senators, to 
act in conformity with these resolutions. Atchison did so, but 
Benton refused, and appealed to the people for indorsement. 
He claimed slavery was an "incurable evil" and therefore it 
ought not to be extended. 

115. The Opposite View. — The claim was admitted by 
many of the men w^ho voted for the resolutions, but they yet 
held that the people of the Territory ought to determine for 
themselves whether slavery should exist in their midst ; that 
it was not a question whether slavery was right or wrong, 
but of non-interference by Congress. They said the people 
of the slave-holding States had a right, under the Constitution, 
which guaranteed freedom of commerce among the States, to 
go into any of the Territories they had helped tO' acquire, 
taking their slaves w^ith them if they so desired, upon the sanie 
footing as that upon which the people of the North were per- 



BENTON AND THE JACKSON RESOLUTIONS. 



45^^ 



inittcd to move into the same Territory without slaves. It 
was hy no means certain that all the Territories would desire 
to become slave States. Some would not. Mr. Benton had 
always been quietly opposed to slavery, but he could have ac- 
cepted this view of non-interference without surrendering his 
convictions in regard to it. It w-as afterwards, in 1857, accepted 
by the Supreme Court of the United States, as a reasonable 
view of the rights of a State under the Constitution. 

116. Benton's Position. — But Mr. Benton was not a 
man of compromises. He welcomed friction, and gloried in 
the prospect of overcoming his enemies. He w^as possessed 
with superb courage, physical and moral, and an imperious 
will. He ignored and brushed aside the views of the sup- 
porters of the Jackson Resolutions. He had no conciliation to 
make. He had always been ardently devoted to the Union. 
In this ardor and his own imperious domination, he mistook 
the views and purposes of 
those of his own party who 
differed from him. He had 
been a devoted follower of 
Andrew Jackson, and gave 
great support to that man 
of iron in his endeavors 
to humiliate, break down, 
and punish Mr. Calhoun, '^^ 
against whom Jackson had 
a deep personal grievance. 
Benton could see nothing 
in the Jackson Resolutions 
but a reiteration of Cal- 
houn's nullification doc- 




THOMAS H. BENTON. 



452 HISTORY OF MISSOURI. 

trines. He thought they meant disunion and secession. Per- 
haps he was honest in this view. His ardor for the Union 
and his devotion to Andrew Jackson and his dishkes for 
Calhoun perhaps led him to enlarge their import and grounded 
him in his belief. Yet the friends of the Resolutions did no 
so regard them. Many of those who strongly supported them 
were a few years later loyal supporters of the Union cause. 
Benton had given the Resolutions a meaning which few or 
none of those voting for them believed was the proper in- 
ference. He appealed to the people to stand to his interpreta- 
tion. He made a tremendous struggle to be sustained, and 
spoke with incisive invective against his opponents m every 
part of the State. Strong men of the Democratic party 
opposed him. The Whigs took no part in the contest. 

117. Benton's Downfall. — When the General Assembly 
met Benton was defeated, the opposing Democrats voting with 
the Whigs and thus elected Henry S. Geyer of St. Louis to 
the United States Senate. ^Ir. Benton had been the political 
leader and autocrat of the State for thirty years. But from this 
time on his power was broken. He represented St. Louis one 
term in Congress, from 1853-55, but vras then defeated by 
Luther ]\L Kennett, a Know Nothing. In 1856 he was a feeble 
candidate for Governor on his own personal strength as an in- 
dependent candidate, but was defeated. Had he not tried to 
make the Jackson Resolutions mean something which the great 
"body 'of the people did not intend them to mean, he might have 
held his seat in the Senate till his death. After his defeat the 
Democratic party committed itself to non-interference by Con- 
gress in questions of slavery in new Territories, and there 
was political peace for a few years till the breaking out of 
fresh trouble in Kansas. 



FROM 1852 TO i860. 453 

Questions on Chapter VIII. 

1. What troublesome question again arose when California 
and New Mexico had been acquired? (113) 

2. What \vas the attitude of the North? (113) 

3. What Avas Missouri's contention? (113) 

4. In what wa}' did they give expression to their views? (113) 

5. Name the salient points of the Jackson Resolutions. (114) 

6. How did Benton and Atchison regard them? (114) 

7. What argument was made for the Resolutions? (115) 

8. What was Benton's attitude? (116) 

9. What is said of the struggle? (116) 

10. What was the result? (117) 

11. What attitude did the Democratic party now assume? (117) 



CHAPTER IX. 
FROM 1852 TO 1860. 

118. The Election.— At the election of 1852 Sterling 
Price, of Chariton county, was put forward by the Demo- 
cratic party for Governor. The Whigs nominated James 
Winston, of Benton county, who was a grandson of the great 
Patrick Henry, and a man of many marked characteristics. 
Price was elected by a majority of nearly 14,000 votes. Wilson 
Brown, of Cape Girardeau, was elected Lieutenant-Governor. 
The new Governor was inatigurated the first Tuesday in Jan- 
uary, 1853, and the Legislature for many weeks was stirred 
by animated discussions of the famous Jackson Resolutions 
which had been passed at a previotis session. 

119. Sterling Price. — Sterling Price was born in Vir- 
ginia in 1809, educated at Hampden-Sidney college, and came 
to Missouri with his father in 1831, first settling at Fayette, 
and two years later at Keytesville, in Chariton county, where 



454 



HISTORY OF MISSOURI. 



he engaged in merchandising and keeping hotel for two years, 
and then settled on a large farm eight miles south of that town 
and engaged in agricultural pursuits till 1861. In 1840 he 
was elected to the Legislature and was chosen Speaker, and in 

1842 was re-elected to both 
positions. In 1844 he was 
elected to Congress.- When 
the Alexican War broke out 
he resigned and was com- 
missioned by President Polk 
to raise and command a vgp;- 
iment, and before the war 
closed rose to the rank of 
P>rigadier-General. In 1852 
he was elected Governor as 
an anti-Benton Democrat, 
and made the State a faith- 
ful, safe, and wise chief 
magistrate. During his term 
GENERAL siFRLiNG TRICE. he Urged the Legislature to 

pass a law increasing the salary of the Goyernor, for the 
benefit of his successor. The Legislature provided for the 
increase to begin at once. Governor Price refused to accept 
"the additional salary, and it was never afterwards claimed by 
him. In i860 he supported Stephen A. Donglas for the Presi- 
dency, and was elected to the convention which declared ]\Iis- 
souri w^ould not secede and w^as made its chairman. After the 
capture of Camp Jackson by the Union troops, he accepted 
from Governor Jackson the appointment of JMajor-General of 
the State troops, and in I\Iay, 1862, joined the Confederacy 
and fought for it till it was vanquished. The brilliant qualities 
which he exhibited in so many ways during the war so en- 




FROM 1852 TO i860. 455 

deared him to the people of the South that, with the exception 
of Lee and Jackson, no man among- all their cherished heroes 
is remembered with more ardent and sincere affection. After 
the war he returned to St. Louis and engaged in the business 
of a commission merchant, and died there in 1867. 

120. Internal Improvements. — In the meantime the 
State had, for the first time since its organization, committed 
itself to a liberal policy of internal improvements. As early as 
1836 charters had been granted to private companies to con- 
struct better wagon roads. Commercial centers had sprung up 
far from the navigable rivers. Freighting to them had been 
done almost exclusively by ox-wag^ons. Plank or macadam roads 
were now constructed. This gradually called into use wag'ons 
and other vehicles drawn by horses. No State aid had been 
given to any of these improvements. But in 1849 the General 
Assembly — the same one which passed the Jackson Resolu- 
tions — found the State out of debt and her revenue largely 
increasing, and a popular demand for State aid to railroads. 
In February the construction of the Missouri Pacific railway 
from St. Louis to the western border of the State was author- 
ized. The survey was soon made, and construction began in 
July, 1850. Other railroads were then rapidly projected. 

121. The Doors Open. — The doors of the public treas- 
ury had been opened to the Missouri Pacific. Other roads 
claimed an equal right to favoritism. There was no stopping 
place now. In quick succession aid was given to the St. Louis 
& San Francisco (the "Frisco"), the Iron Mountain, the V\'a- 
bash, the Hannibal & St. Joseph, and other railroads. In eight 
years these roads received from the State its bonds to the 
amount of twentv-three million dollars, which thev were al- 



456 HISTORY OF AIISSOURI. . 

lowed to sell for cash, but the interest of which the roads 
agreed to pay. In this most of them failed, and hence the 
State had to pay the interest. This was the foundation of the 
great debt the State had to pay in after years. Besides this 
immense aid given by the State, the Union gave these roads 
about 1,800,000 a;:res of land. 

122. Railroad Construction. — The entire length of all 
railroads in the United States in 1850 was about 9,000 miles. 
Missouri alone now has almost that amount of mileage. No 
one can calculate the effect of these railroads in developing 
the resources of the State, in changing the pursuits of the 
people, in multiplying their powers for producing things, in 
drawing them closer to the rest of the country and to the 
whole world, and in unifying them into a homogeneous whole. 
The first railroad of any considerable extent in the State was 
the Missouri Pacific. It w^as completed between St. Louis and 
Jefferson City by November i, 1855. Eighty-five miles of the 
Iron Mountain had been built from St. Louis to Pilot Knob 
by 1858. In the same year the Hannibal and St. Joseph was 
completed between the two cities for which it was named. The 
Frisco was constructed from St. Louis as far as RoUa by 1861. 
The Wabash reached Warren ton by 1855, Mexico in 1858, 
and in the next ten years was extended to Kansas City. These 
\vere the first railroads built, but within the next twenty years 
the Missouri, Kansas and Texas, the Chicago and Alton, and 
other great lines were built, but the building of branches to 
these main lines and of other trunk roads still goes on. 

123. Some Interesting Matters. — Friction matches, such 
as are now used in every household, did not come into use 



FROM 1852 TO i860. 457 

until about 1S45. Prior to that time the people "coverecr' the 
fire in their stoves or fireplaces, and if it failed to "keep" they 
went to their neighbors to ''borrow some fire," or started it 
anew by striking a small flint rock against a piece of steel and 
prmitting the spark to communicate to punk, which was a 
fungus growth of easily inflammable tinder gathered from 
certain trees and kept dry for the purpose. 

Tomatoes began to be generally used as food about 1855. 
A very few persons had eaten them prior to that, but by most 
persons they were regarded as ornaments and called "love 
apples," and were not considered fit to eat. 

Steel pens, such as are now in general use, began to be 
used about 1847. P'l'ior to that goose quills or gold pens were 
used. A few sewing machines found their way into the State 
about the same time. 

124. The Election of Polk.— At the election in 1856 
the Democratic candidate for Governor was Trusten Polk 'of 
St. Louis. Robert C. Ewing was the American or Know Noth- 
ing candidate and Thomas H. Benton was an independent 
candidate. Polk was elected. Pie received 47,000 votes, Ewing 
40,500, and Benton 27,600. The election of United States Sena- 
tor enlisted more than ordinary interest. Two years before 
the Legislature had balloted for days, trying to elect a suc- 
cessor to David R. Atchison. It had failed to do so and for 
two years jNIissouri had only one Senator, Henry S. Geyer. 
But in 1857 James S. Green was elected to serve till 1861, and 
Trusten Polk to serve till 1863. Polk within a few months 
resigned as Governor, and Hancock Jackson, the Lieutenant- 
Governor, served till the special election in August, when 
Robert M. Stewart was chosen over James S. Rollins. 



458 



HISTORY OF MISSOURI. 



125. Trusten Polk. — Trusten Polk was born in Dela- 
ware in 1811, graduated at Yale College in 1831, and came 
to iNIissouri in 1835, settling in St. Louis where he took the 






highest rank as a lawyer and 
citizen. He was a man of 
the cleanest habits, of great 
candor and sincerity. In 1843 
he was City Counselor of St. 
Louis and in 1856 was elected 
Governor, and within a few 
months to the United States 
Senate. He made a useful 
Senator, being very attentive 
to the interests of his con- 
stituents. Early in the war 
he was expelled from the Sen- 
ate by the Republican mem- 
bers on a charge of disloyalty. 
His public services after that were given to his church and 
to upbuilding the educational interests of the State. He died 
in St. Louis in 1876. 

126. Robert Stewart. — Robert Morris Stewart was born 
in New York in 181 5, and received a good education. He 
taught school when he was seventeen and until he was twenty, 
moved to Kentucky, studied law, was admitted to the bar at 
Louisville, came to Missouri in 1839, in a few years settled 
in St. Joseph and practiced law. From 1846 to 1857 ^^^ '^^^^ 
a member of the State Senate. In 1857 when Governor Polk 
resigned, he was elected as a Democrat and made an excellent 
officer. When the question of secession was submitted to the 




TRUSTEN POLK. 



FROM 1852 TO i860. 



459 



people, he was elected a delegate to the convention which was 
to finally decide the matter, as a Conditional Union man, but 
soon ardently and uncondi- 
tionally supported the Union, 
but not as an Abolitionist, for 
he w^as always opposed to 
abolition, but as an opponent 
to secession and a steadfast 
adherent to the Union his 
fathers had established. His 
decided stand against seces- 
sion, when so much seemed 
to depend on the action' of 
^Missouri, helped to save the 
State to the Union, and made 
his action one of national con- Robert m. sstewart. 

sideration. He was never married, was a man of free-and- 
easy habits, and died in 1871. 

127. Kansas Troubles.- — Sectional contention would not 
cease. In 1854 it arose afresh when a bill passed Congress 
organizing Kansas into a Territory. The ?^Iissouri Compro- 
mise had been repealed by that bill. The Compromise was 
the first effort made by Congress to interfere with the local 
institutions or affairs of a State. It can not be wondered at, 
then, that all of Missouri's representatives in Congress were 
in favor of its repeal. But other States saw the injustice of 
the discrimination made by that compromise against a part of 
the Union. The bill for the repeal passed overwhelmingly, 
and declared in favor of letting the inhabitants of any new 
Territory determine for themselves whether or not thev wished 




460 HISTORY OF MISSOURI 

slavery therein. By this privilege the people of Kansas could 
decide for themselves in favor of slavery or against it. This 
was the same docrine as the fourth of the Jackson Resolutions. 
(See Section 114.) 

128. A Contest Between North and South.— Both 
North and South wished to be triumphant in Kansas. The 
struggle is important as a part of the history of each, and espe- 
cially of Missouri, because it was the last peaceful contest for 
political supremacy by each before final appeal to arms, and 
on the part of the South Missouri was the chief representa- 
tive, while IMassachusetts was the most aggressive actor among 
the northern States. To gain a majority of the people of 
Kansas to declare against slavery, Emigration Aid Companies, 
were organized in IMassachusetts and throughout the North, 
which sent out men to Kansas tO' be ready to vote. These 
companies practically sent out men only. As many as '22}^ 
men to five women Avere in one company. A United States 
marshal who searched this company found no agricultural 
implements, but many guns, revolvers and ammunition. All 
the companies were not as this one, but there were few 
actual settlers. By such a course it became evident that Kan- 
sas would become a free State. 

129. Blue Lodges. — Counter aid societies were formed 
in Missouri. They were known as Blue Lodges. Their 
objects were the same as those of the Emigrant Aid Com- 
panies. Neither were right. But the Missourians thought 
themselves far less to blame for aiding in the formation of a 
new State adjoining their border and so far inhabited, in the 
main, by their own kinsmen than were people of a State a 
thousand miles away. Besides, the Blue Lodges were formed 
as a result of, and as a counter-balance to, the Emigrant Aid 



FROM 1852 TO l85o. 461 

Companies. Just how many pretended settlers were sent out 
bv either of these societies will never be known. i\Iuch illegal 
voting was done on both sides in the ensuing years, and a 
terrible guerrilla warfare w^as the result. 

130. Fraudulent Voting. — An election of the members 
of the Kansas Territorial Legislature which Congress had 
provided for was held in March, 1855. The pro-slavery party, 
or the ''Misssourians," as it was called, was successful. In 
Februarv previous a census showed an entire population of 
8.601, and 2,905 voters, of whom a large majority were from 
slave States. There were 6,307 votes cast. The Eastern im- 
migrants charged that 5,000 ]\Iissourians had crossed over 
into Kansas Territory and voted. The pro-slavery men 
charged that a company of Xorthern immigrants had arrived 
at Lawrence on the day of the election and voted notwith- 
standing such a short stay. L^ndoubtedly there was much' 
illegal voting on both sides and the evidence seems to be 
strong, though not conclusive, that the ]\Iissourians were the 
chief sinners. 

131. General Lawlessness. — The anti-slavery men re- 
fused to acknowledge the authority of this Territorial Legis- 
lature, or to be obedient to laws it passed. They disregarded 
its laws whenever they chose and resisted arrest whenever 
they were brought to account for so doing. Then began the 
active trouble. The grand jury made some indictments, and 
the sheriff attempted to arrest the offenders. They resisted, 
and the anti-slavery leaders, by speeches, through their papers 
and in many ways, urged them to do so. The sheriff ordered 
by-standers to assist him in making the arrests. The offenders 
would then be joined by anti-slavery sympathizers. These 
contending factions soon learned to rob each other, burn each 



462 HISTORY OF MISSOURI. 

Other's houses and destroy other property. From these differ- 
ences in Kansas sprang many kinds of lawless and political 
crimes, and finally a civil war between the rival factions which 
did not end till the final establishment of the anti-slavery 
party in 1859. 

132. John Brown. — During these disturbances John 
Brown inaugurated a system of murder for opinion's sake 
and in the dead of night put to death five peaceable settlers 
whom he had never before seen, whose only crime was that 
they differed with him in regard to slavery. For this crime 
he went unpunished. Such a course soon brought Into activity 
a set of robbers and marauders who were described as "Jay- 
hawkers." The counties in ^Missouri adjoining Kansas now 
began to suft'er. Their inhabitants had much more property 
to lose than those of Kansas because they were older settlers. 
These marauders were not slow to learn this fact. They cared 
as little for Missouri law as for Kansas authority. They came 
into these counties and took whatever they could. One of 
these raids was headed by John Brown, and was made in 
December, 1858. He took away eleven slaves. A slave owner 
was also killed whose only -offense seems to have been an 
objection to the way in which he was dispossessed of his 
property. This raid was made soon after the Governors of 
the two States had attempted to bring about a reconciliation. 
There were 'other raids also, in which "peaceable and law- 
abiding citizens" were subjected to outrages, insults and law- 
less violence. The General Assembly of Missouri appropriated 
thirty thousand dollars to be used by Governor Stewart as 
he thought best. Three thousand dollars were offered as a 
reward for John Brown. He nevertheless succeeded in con- 
ducting the negroes into Canada and then sold his stolen 



FROM 1852 TO i860. 463 

horses in Ohio. All his raids in Missouri were marked by 
blood. Yet he was received in many parts of the North, 
not as a monomaniac or a fugitive from justice, but as a 
popular hero. But the efforts ; put forth by the Legislature, 
the Governors of Missouri and Kansas, and the officers of 
the United States Army, partially quieted the troubles, and 
the guerrilla warfare ceased for two years. 

133. Montgomery's Raid. — But in i860 it began again. 
This time the Jayhawkers were led by the desperate James 
Montgomery. They broke up a United States court and 
compelled the judge and its officers tO' flee for their lives. 
They also killed a citizen of Missouri named Samuel Hindes. 
Their charge against him was that he was in search of runa- 
way slaves. Congress had some time before this passed the 
Fugitive Slave Law, by which any slave owner was permitted 
to pursue a fugitive slave into a free State, recover him and 
return to his home. It was while Hindes was in seach of a 
fugitive slave in Kansas that Montgomery established himself 
at Fort Scott, a town just over the Missouri border, whence 
he declared he intended to "clean out southern ^Missouri of 
its slaves." 

134. Excitement. — The people of Missouri became very 
much excited at these threats. Exaggerated reports were 
brought to Governor Stewart that Montgomery had begun to 
lay waste the country and that "citizens of Missouri on the 

"Osage and in Bates and Vernon, are flying from their homes 
into the interior." Brigadier-General D. M. Frost was or- 
dered to proceed to the border with enough men to end the 
difficulty. He reached it in November, i860, with 650 troops, 
but found General Harney of the United States Army had 
preceded him. Montgomery, at the advance of these forces,. 



464 HISTORY OF MISSOURI. 

disbanded his Jayhawkers and fled. Frost in his report to 
Governor Stewart said Hindes's **only crime was that he had 
been faithful to the laws of his State." He also says the 
"'deserted and charred remains of once happy homes" were 
general. 

135. Jayhawking now ceased as such, but it did not 
actually cease. It did not cease during the first two or three 
years of the Civil War, nor indeed so long as there was left 
anything along the ^Missouri border for the "J^y^'^'^^'^'l^^^s" to 
steal or anybody to rob. But they now came with United 
States commissions in their pockets under "which guise they 
carried on a system of robbery and murder which left a 
good portion of the frontier of southwest Missouri an entire 
waste." 

136. General Progress. — The progress in wealth and 
population from 1850 to i86o was enormous, notwithstand- 
ing the predatory disturbances on the Kansas border. The 
population had increased from 682,000 to 1,182,000, a net 
increase of a half million, and an increase in percentage of 
seventy-three for the ten years. Of this number 115.OCO were 
slaves. Their increase had been 27,000, or thirty per cent. 
Of all the population 160,000, or one-seventh, were foreign- 
horn in i860. Of these 88,000 were Germans, and 43,000 
were Irish. The revolutions in Germany in 1849 ^^^^^ caused 
many of its inhabitants to seek safety in ^lissouri. This 
explains the large immigration of Germans during this decade. 
The failure of the potato crop in Ireland in 1846-47 will also 
explain the large immigration from that countrv. These new 
immigrants turned their attention mostly to farming, especially 
the Germans, and became useful and prosperous citizens. 
Missouri had risen in these ten vears from the rank of thir- 



l-KOM 1852 TO 1860. 4<^>5 

Iccnth to cii^hth in the numl)er of her population and was now 
the first of the Southern States. 

137. Missouri's Financial Prosperity was not behind 
the increase in population. The assessed value of her prop- 
erty had risen from one hundred and thirty-seven million 
dollars in 1850 to five hundred and one million in iSfx), an 
increase of 265 per cent. The property consisted mostly in 
farms and agricultural wealth. The manufactured products 
were estimated at forty million dollars in i860 and the capital 
invested in factories was twenty millions. But much wealth 
was made known during this decade. By a system of sur- 
veys it became known that one-fifth of the State is underlaid 
with workable beds of coal ; that there are "more than a 
th'ousand valuable veins of lead and half as many of iron, 
besides many O'f zinc, copper, hydraulic lime-stone and other 
minerals. The new immigrants had also shown that much of 
the countr}' south of the Osage river, heretofore regarded as 
worthless, was very valuable for grapes and other fruits." 

Questions on Chapter IX. 

1. Who was elected Governor in 1852? (118) 

2. To what party did he belong? (118) 

3. Who was the Whig candidate? (118) 

4. From what great orator was he descended? (118) 

5. Give a sketch of the life of Sterling Price. (119) 

6. What is said of internal improvements? (120) 

7. What railroads were aided by the State? (121) 

8. How did the State aid them? (121) 

9. In what did the State's debt of after years originate? (121) 
10. Tell about the construction of railroads. (122) 

ri. What is said of matches, pens and tomatoes? (123) 

30 



4^6 HISTORY OF MISSOURI. 

12. Can 3^ou mention some other useful things that have snice 

come into general use? 

IS- Who were the candidates for Governor in 1856? (124) 

14. Who was elected? (124) 

15. Why was a special election necessary? (124) 

16. Who was elected? (124). 

17. Who was acting Governor in the interim? (124) 

18. Give a sketch of the life of Trusten Polk. (125) 

19. Give a sketch of the life of Robert M. Stewart. (126) 

20. What was the occasion of new sectional trouble? (127) 

21. What was necessary before Kansas could decide to have 
slavery? (127) Why? (58, 113) 

22. Between what was the contest in Kansas? (128) 

23. Describe the Emigration Societies. (128) 

24. What counter aid societies were "formed in Missouri? (129) 

25. What have you to say of these organizations? (129) 

26. What was the result in Kansas? (129) 

27. What about the Kansas election in 1855? (130) 

28. Give some incidents of the general lawlessness that fol- 
lowed these fraudulent votings. (131) 

29. What is said of John Brown? (132) 

30. What other raids were there? (132) 

31. What action did Missouri take to stop them? (132) 

32. What was the result at pacification? (132) 
3S. What is said of Montgomery's raid? (133) 

34. What report reached the Governor? (134) 

35. What did Frost report that he found? (134) 

36. What is said of Missouri's progress from 1850 to i860? 
• (136) 

37. How about her financial progress? (137) 



CHAPTER X. 

THE ELECTION OF 1860. 

138. The Situation. — The troubles in Kansas and the 
debates in Congress on the subject of slavery had given force 
to the formation of a new party wholly devoted to opposing the 
extension of slavery. It in time took the name of Republican. 
In 1856 its candidate for the Presidency was John C. Fre- 
mont, a son-in-law of Thomas H. Benton. He received 114 
of the 296 electoral votes, and hence the new party had great 
hopes of success as the campaign of i860 approached. Public 
feeling became deeply disturbed. The whole country was 
aflame with sectional animosities. The agitation for abolition 
had stirred the people as nothing else had ever done. A 
large class of people in the North were determined to destroy 
slavery at any cost. Many people in the South felt that the 
only way to preserve their own peace and property was to 
quietly withdraw from the Union. Others believed it wisdom 
to remain in the Union and there settle their troubles. It 
seems strange now that any civilized people who had estab- 
lished and for seventy years lived under a republic of popular 
sovereignty, could have wished to perpetuate slavery. But 
there were mitigating circumstances. Slavery had originally 
existed in all the colonies. When it became unprofitable in 
the North the slaves were sold into the South where it was 
profitable. Many of the now slave-owners had inherited it 
from their fathers and not sought it. Slaves were valuable 
property. Men have, in every civilized country, been slow to 

(467) 



468 HISTORY OF Missouri. 

give up valuable property without resistance. Besides, it was 
difficult to know what to do with the slaves if they were freed. 
Many persons feared the consequences if millions O'f ignorant 
people should be turned loose, penniless, among their old 
owners. Beyond this, it can be said in all truthfulness that 
slavery had been a benefit to the slaves themselves. They had 
J:)een taken from savage and barbarous races in Africa, and 
the discipline of slavery in America had taught them many 
of the habits of civilization. They had learned how to work, 
which always exalts a people ; had learned the arts of peace and 
frugal honesty. But this discipline, this improvement, made it 
less dangerous to trust them with freedom. It had prepared 
them more and more for its useful enjoyment when it should 
come. Besides, the principle of universal freedom had more 
and more become a part of American life, and one strong 
reason for the extinction of slavery was the desire of the 
slaves themselves to be free, 

139. The Fugitive Slave Law and Nullification. — The 

Fugitive Slave Law did much tO' intensify the contentions 
and troubles between the North and South. It had been 
passed by Congress a few years before and gave to each slave- 
owner the right to pursue a runaway slave into any State 
and retake him without any verdict from a court declaring 
who was his rightful Owner. All the claimant had to do 
was to exhibit to a sheriff a certificate from a county clerk 
describing the slave. The officer was then required to put 
the slave into his peaceable possession. This law the United 
States Supreme Court said did not violate the Constitution. 
The decision gave great oft'ense to the North. At least four- 
teen Northern States by their Legislatures soon passed laws 
nullifying the Fugutive Slave Law by making it a crime for 



TIIIC ICLICCTION OF i860. 469 

any sheriff to obey it, and by forbidding any state officer to 
aid in enforcing it. Their course made it impossible to enforce 
this law of Congress. The Southern States then argued that 
if fourteen Northern States could thus nullify a law of the 
Union they could withdraw from that Union. In the Presi- 
dential campaign of i860 the Breckenridge party in the South 
declared if the Republican party were successful at the polls 
the Southern States would withdraw from the Union. When 
it did succeed they proceeded at once to carry out that threat. 

140. The Election.— The Democratic party in i860 
divided into two factions. One part, known as the State- 
rights men, nominated John C. Breckenridge of Kentucky for 
President. The other part, which was opposed to secession 
and to the interference by the national Government with the 
local aff'airs and institutions of any State, nominated Stephen 
A. Douglas of Illinois. The remnant of the old Whig and 
Know Nothing parties, now known as Constitution-Union 
men, nominated John Bell of Tennessee for President and 
Edward Everett of Massachusetts for Vice-President. The 
Republicans nominated Abraham Lincoln. The contest in 
Missouri was warm and intense, but not violent. The State 
was carried by Mr. Douglas, which was the only State, ex- 
cept New Jersey, that gave him its electoral vote. Mr. Lin- 
coln was elected. The number of votes for Douglas in Mis- 
souri was 58,801, for Bell 58,372, for Breckenridge 31,317, 
for Lincoln 17,028. Nearly all those voting: for Lincoln were 



Germans. Of those who voted for Breckenridge, not half 
were in favor of secession. Many of them had come from 
the South, and in the intense excitement of the time their 
sympathies naturally enlisted them with the Southern Rights 
men who carried every Southern State. Besides most of them. 



4/0 HISTORY OF MISSOURI. 

perhaps all, opposed the interference by Cong-ress with a 
right which they claimed belonged alone to each individual 
State — to decide for itself whether or not it would abolish 
or continue slavery. But they did not wish to carry this 
opposition to the extreme of secession. 

141. The State Ticket.— On the State ticket the Dem- 
ocrats did not divide. Their candidate was Claiborne F. 
Jackson of Saline county, who was a Douglas Democrat and 
who received 74,446 votes. Sample Orr, an ''American" or 
"Know I^othing," received 64,583 votes. The Breckenridge 
candidate was Hancock Jackson, who received 11,415 votes. 
James Gardenhire was the Republican candidate ; he received 
only 6,135 votes. Claiborne F. Jackson was elected. 

Questions on Chapter X. 

1. What was now being formed? (138) 

2. What is said of public feeling? (138) 

3. What was the attitude of many people in the North toward 
slavery? (138) 

4. How did the Southern people feel about it? (138) 

5. What is said about the existence of slavery? (138) 

6. What is said about its benefits to the slaves? (138) 

7. What reasons for the extinction of slavery? (138) 

8. What is said of the Fugitive Slave Law? (139) 

9. How had the North nullified it? (139) 

IQ. What did the South argue from this? (139) 

11. How did the Democratic party divide in i860? (140) 

12. Who were the four candidates for President and of what 
parties? (140) 

13. Approximate the vote of each in Missouri. (140) 

14. How about the State ticket? (141) 



CHAPTER XI. 

THE FIRST MONTHS OF 1861. 

142. Confronted With Secession.— On December 20, 
i860, South CaroHna, through her Legislature, declared she 
no longer owed any allegiance to the Union. Within six 
weeks Mississippi, Florida, Alabama, Louisiana, Georgia, and 
Texas — seven States — seceded. As Missouri was at this time 
the first in population of the slave-holding States, and as most 
of her people were of Southern origin, it may be seen at once 
that she was now confronted with the gravest problem she 
had ever had to settle. 

143. The Governors.— Robert M. Stewart, the retiring 
Governor, had been reared in New York and his feelings 
naturally inclined him with the North. He sincerely desired 
to keep Missouri in the Union. But he was opposed to forc- 
ing South Carolina and the other seceded States back into 
the Union, and if the Union should undertake to do this he 
was opposed to Missouri helping in the undertaking. He 
was also opposed to troops coming into Missouri either to 
wrest her from the Union or keep her in it. He stated the 
proper position for Missouri to assume and adhere to, was 
"armed neutrality." There can be no doubt, as subsequent 
events under more exasperating tests showed, that at this 
time the great majority of the people of Missouri were of the 
same opinion as Governor Stewart. They did not wish the 
State to secede or to take any part in forcing the seceded 
States back into the Union. The votes given the various 
candidates in November showed this and the vote in Febru- 
arv made it still clearer. 

(471) 



472 



HISTORY or* MISSOURI. 



144. Governor Jackson. — Governor Jackson, nnlike 
Governor Stewart, had been reared in the Sonth, and many 
social and political ties bound him to her people. In his in- 
augural address he declared that all Missouri wished was "to 
be let alone." He believed the Northern States had, by pass- 
ing laws wdiich nullified the Fugitive Slave Law, themselves 
practically abandoned the Union. He believed if arms were 
employed by the Federal Government to force a State back 
into the Union that it would be such an insult as all the 
States ought to resent, and in that event the true position for 
IMissouri would be to secede and unite w^ith the vSouth. It 
can not be denied that Governor Jackson was at this time 
in favor of Missouri's seceding if the Federal Government 
should make war on the seceded States to force them back 
into the Union, but until that was done he was not in favor 

of secession. But this po- 
sition he afterward aban- 
doned, when the seceded 
States attempted to capture 
the Government forts and 
arsenals within their re- 
spective borders. He then 
took the position at first de- 
clared by Stewart that the 
proper course for Missouri 
was to preserve an "armed 

■^//VW'^y '^A -W ~ "1 neutrality," and keep out 
'^/l y<^ ^ \ [^/f ] of ^l^e State all "maraud- 
CLAiBORNE F. JACKSON. grs comc from what quar- 
ter they may," but to take no part herself in the conflict 
between the States. 




TIIK I'IRST MONTHS OF 1861. 473 

145. The Legislature. — The Lieutenant-Governor, 
whose (hity it is to preside o\^er the Senate, was Thomas C. 
Reynolds, h'rom the outset he was in favor of secession, 
because he beheved it impossible for Missouri to preserve an 
"armed neutrahty" in the impending conflict, which he saw- 
was inevuaole. He accordingly urged the General Assem- 
bly to declare ]\Iissouri determined to resist all attempts by 
the Federal Government to force the seceded States back into 
the Union or to collect the Government revenue in those 
States. He also urged that to make her able to resist coer- 
cion she must organize and enlarge her military forces. He 
appointed all the committees of the Senate in accordance with 
his views, and placed men on these committees wdio w^ould 
endeavor to shape legislation in keeping therewith. Bills 
were immediately introduced in both houses to arm and equip 
the State militia and to provide for a State convention to con- 
sider what position Missouri should take in regard to seces- 
sion. These bills were received with prompt and almost 
unanimous approval in the General Assembly. 

146. The Convention Authorized. — The bill creating 
the convention passed the General Assembly and became 
a law on January i8. In the Senate there were only two 
votes against it. In the House there were i8 against and 
105 for it. The duties and powers thus committed to this 
convention were contained in the words creating it, which 
said it was "to consider the relations between the United 
States. . . and the State of Alissouri ; and to adopt such 
measures for vindicating the sovereignty of the State and 
the protection of its institutions as shall appear to them to 
1)c demanded." Tlie law also provided if such convention 



474 HISTORY OF MISSOURI. 

should finally pass a secession ordinance that it should never 
be valid until submitted to the ])eople and adopted by a ma- 
jority of the qualified voters of the State. These words 
creating this convention are important, for it is to be ob- 
served that whatever might have been the individual wishes 
of the members of this General Assembly for secession, yet 
they voluntarily transferred to other hands whatever power 
they had to take her out of the Union, and besides determined 
that this must be done, if done at all, by the people themselves. 

147. The People.— The election of delegates to this 
convention was to take place on February i8, just one month 
after the bill creating it became a law. A thorough canvass 
was at once begun throughout the State and carried forward 
with great interest till the end. The people divided into 
three parties, namely, Secessionists, Conditional Union men 
and Unconditional Union men. The leaders of the Seces- 
sionists were Governor Jackson, Lieutenant-Governor Rey- 
nolds, both United States Senators (James S. Green and 
Trusten Polk), General D. R. Atchison . (formerly United 
State Senator) and Thos. L. Snead (editor of the St. Louis 
Bulletin). They did not desire the disruption of the Union, 
and deplored the haste of South Carolina and the other States 
in leaving it. But believing that all the seceded States would 
remain out of the Union and form a separate confederacy, 
they considered it the true duty of all the slave-holding States 
to unite together ; believing* also, that if a separate confed- 
eracy were formed, there would be war between it and the 
Union, they felt they were bound by the strongest kindred 
ties to stand by the South. They were not especially devoted 
to slavery. In fact slavery was no longer the most promi- 



'ini: i<!KST MONTHS OF 1861. 475 

ncnt question in these discussions, it was from this time 
on put far in the background. The issue rose transcendently 
above this. "They were secessionists only because they be- 
Heved the Union had been dissolved, that its reconstruction 
was impossible, that war was inevitable, and that in war the 
place for Missouri was by the side of the Southern States, 
of which she was one." 

148. The Conditional Union Men. — The Conditional 
Union men were the most formidable opponents of the 
Secessionists. They were led by Judge Hamilton R. Gamble 
of St. Louis, Colonel A. \V. Doniphan of Clay, Congressman 
James S. Rollins of Boone, Congressman John B. Clark of 
Howard, Ex-Governor Sterling Price of Chariton, Ex-Gov- 
ernor R. M. Stewart of St. Joseph, Judge William A. Hall, 
of Randolph, Congressman John S. Phelps of Greene, and 
Judge John F. Ryland of Lafayette, ably assisted by the Mis- 
souri Republican, then the ablest paper west of the Missis- 
sippi, and edited by the great Nathaniel Paschall, "a man of 
mature age, strong intellect and consummate common sense." 
These leaders were the ablest, most popular, and most promi- 
nent men in the State, and it is doubtful if any State in the 
Union could have shown at that time a finer array of many- 
sided great men. Their astuteness, popularity and well- 
known patriotism, added to the fact that many of them were 
themselves large slave-owners, at once began to divide the 
Secessionists. They were for the Union, provided the Fed- 
eral Government would not attempt to force the seceded States 
back and coerce them into submission. They declared them- 
selves ready to resist coercion. But they did not fear it. 
They pleaded with patriotic pride for the preservation of the 



476 HISTORY OF MISSOURI. 

Union of their fathers, which had been bought with blood, 
and which had brought a thousand blessings to one curse ; 
they urged the people that they must not allow their feelings 
to control them, but must remember that the steps they took 
migh involve their children and their children's children in 
untold misery. 

149. The Unconditional Union Men. — The Uncon- 
ditional Union men were for the Union come what might. 
They believed the seceded States should be coerced into sub- 
mission. The impersonation of this movement was Frank 
Blair. He saw that the only outcome of the trouble was war, 
that it must come in the near future and he was determined 
to hold Missouri for the Union. Blair contended that what 
was wanted in the convention were "men who were now and 
who would hereafter, under all circumstances, and in every 
emergency, be for the Union ;" that he himself intended to 
stand by it to the last and to oppose in. every way the seces- 
sion of Missouri. At first his chief following was among 
the Germans, who had no kindred in the South, who had 
bought their lands from the Federal Government, who had 
enjoyed uninterrupted peace under it, and who felt that they 
should stand by it. But soon he had some able seconds. 
They were Samuel T. Glover, James O. Broadhead, B. Gratz 
Brown, and Edward Bates, all of St. Louis. 

150. Missouri Declares for the Union. — The election 
of ninety-nine delegates to this Convention took place 
on February 18, and resulted in an overwhelming victory for 
the Union cause. Not a single avowed Secessionist was 
elected. The Union candidates received a total majority of 
eighty thousand, and the entire vote for them was almost 



Tllli FIRST MONTHS OF 1861. 477 

three-fourths of all the ballots cast. It was a great disap- 
po'intment to the General Assembly, whose members had con- 
fidently looked for an overwhelming- victory for secession. It 
put a stop to any preparations by it for war, and for two 
months the discussions were mild, and submissive to the pop- 
ular will. On the other hand the triumph of the Union men 
emboldened the Convention, after a session or two, to take 
the extremest action. 

Questions on Chapter XI. 

1. What was now the situation? (142) 

2. State fully the attitude of Governor Stewart. (143) 

3. What was the attitude of the people? (143) 

4. What was Governor Jackson's position? (144) 

5. Did he afterwards abandon this position? (144) 

6. What position did he then take? (144) 

7. How did Reynolds try to lead the Legislature? (145) 

8. What two bills were passed? (145) 

9. What powers did the Legislature delegate to the Con- 
vention? (146) 

10. Who alone did the Legislature consider had a right to 
take Missouri out of the Union?" (146) 

11. Who were the leaders of the Secessionists? (147) 

12. What is said of their attitude? (147) 

13. Who were the leaders of the Conditional Union men? (14*^) 

14. What .is said of them? (148) 

15. What was their position? (148) 

16. What was the position of the Unconditional Union men? 
(149) 

17. Who was their great leader? (149) 

18. What was the result of the election? (150) 

19. How was it regarded by the General Assembly? (150) 

20. How did it affect the convention? (150) 



CHAPTER XII. 

THE CONVENTION. 

151. The Convention Meets. — The convention, whose 
members had been elected on the eighteenth of February, 
the very day on which Jefferson Davis had been inaugurated 
President of the Confederacy, met at Jefferson City on the 
last of the month. Ex-Governor Sterling Price was elected 
President. He was an avowed Union man. The fifteen 
State-rights men voted for Nathaniel W. Watkins, a half- 
brother of Henry Clay. Soon after organization the con- 
vention adjourned to meet in St. Louis on March 4, the day 
Lincoln became President. Its members were the ablest men 
in the State, now met at the time of the greatest crisis in 
its history, "to consider its relations to the Government of the 
United States." Of the ninety-nine members fifty-three were 
natives of either Virginia or Kentucky, three were Germans 
and one an Irishman. Thirteen were from the North. Mr. 
Gamble, who had been Supreme Judge of the State, Willard 
P. Hall, the vice-president, Robert Wilson, of great ability, 
James O. Broadhead, one of her ablest and most scholarly 
lawyers, and John B. Henderson always a steadfast opponent 
of secession, were Virginians. 

152. Against Secession and War. — The Committee 
on Federal Relations, through its chairman, Hamilton R. 
Gamble of St. Louis, on the ninth of March made a report 
declaring that secession by Missouri . was "certainly not de- 
manded." A part of the report said that "the true position 

(478) 



THE CONVENTION. 479 

for Missouri to assume is that of a State whose interests are 
bound up in the maintenance of the Union, and whose kind 
feehngs and strong sympathies are with the people of the 
Southern States, with whom we are connected by the ties of 
friendship and blood." The resolutions were adopted by 
almost a unanimous vote, the opposition to each being only 
five or six votes. Thus was secession finally defeated. 

153. The Moss Resolution. — The Convention also de- 
clared the employment of military force to coerce the seceded 
States back into the Union would plunge the country into war, 
and therefore "earnestly entreated'' the Federal Government 
and the seceded States "to withhold and stay the arm of 
military power and upon no pretext whatever to bring upon 
the nation the horrors of civil war." But a difference of 
opinion manifested itself in the convention when the question 
was raised. What would Missouri do if the President should 
call on her to furnish troops to coerce the seceded States? 
They w^ere opposed to coercion, but what would Missouri 
do if she were going to remain in the Union, if Congress and 
the President determined to undertake coercion and should 
call on her for troops for the purpose? Mr. James H. Moss, 
a delegate of ability from Clay county, said he would not vote 
for secession under any circumstances, and introduced a reso- 
lution asking the convention to declare that Missouri w^ould 
"never furnish men or money for the purpose of aiding the 
Federal Government in any attempts to coerce a seceding 
vState." He supported the resolution warmly, and passionately 
pleaded with the convention to pass it. He declared "Missouri 
would never, never furnish a regiment to invade a seceded 
State." William A. Hall, of Randolph, who had been a circuit 



480 HISTORY OF MISSOURI. 

judge for sixteen years, replied to Mr. Moss, in argument 
that could not be gainsaid, that "if Missouri remained in the 
Union it would be her duty to furnish both men and money 
to the Federal Government when properl}' called upon for 
them, whether to coerce a State into submission or for any 
other purpose." John B. Henderson, of Pike, declared "the 
President has no more power to use force than you or I," and 
that no man could believe the "President will so far disre- 
gard his duties under the Constitution, or forget the obliga- 
tions of his oath, as to undertake the subjugation of the 
Southern States by force." James O. Broadhead did not be- 
lieve the Federal Government had a right to coerce a State. 
Nearly all the delegates spoke against coercion, yet the Moss 
resolution failed, some voting against it because it was useless, 
a greater number honestly accepting Judge Hall's logic. By 
"the pitiless logic of facts" when the war did come on Hen- 
derson was one of the most ardent supporters of Lincoln in 
the use of force ; and Broadhead concurred with Lyon in mak- 
ing the attack on Camp Jackson and otherwise aided in the 
efforts to coerce Governor Jackson and the Legislature into 
submission. 

154. Adjourned. — The Convention, after it passed 
these resolutions, brought its labors to a close and adjourned 
on March 22, subject to the call of the executive committee. 
By this last arrangement it provided a way for self-perpetua- 
tion till secession became utterly impossible, as we shall here- 
after see. On the twenty-eighth of the same month the Legis- 
lature adjourned without having made any arrangements for 
the war, or for raising and supporting a militia for the pro- 
tection of the State. In fact it mav be said, in all truthfulness, 



THE CONVENTION. 48 1 

that the vast majority of the people did not want war, nur (Hd 
their desires go to the extent of even those of Governor 
Stewart, who counseled "armed neutrality." 

155. More Light. — The election of United States Sen- 
ator this year throws some light on the position the Gen- 
eral Assembly regarded the State as holding- to secession. 
Early in the session, when it became apparent that a con- 
vention w^ould be held to consider the question of secession, 
the Legislature had determined not to elect a successor to 
James S. Green, whose term would expire on March 3, till 
after it was learned whether the people preferred secession 
or the Union. When they voted for the Union, the Legislature 
proceeded to elect a Senator on March 12. Mr. Green had 
been one of the most popular men in the State, but he w^as an 
avowed secessionist. His election was therefore, impossible, 
although on one ballot he got "j^^ out of the 156 votes cast. 
Waldo W Johnson, of Osceola, St. Clair county, was elected 
on the fifteenth ballot. As indicating the part taken in the war 
by those most prominent in bringing it on, it is proper here to 
remark that James S. Green, who was set aside for being a 
secessionist, "did not raise his hand or his voice for the South 
during the war, while Johnson, who had been elected because 
he was a good Union man, quickly resigned his seat in the 
Senate, entered the army and fought for the Confederacy till 
the end of the War." 

Questions on Chapter XII. 

1. Who was elected president of the convention? (151) 

2. When did' it meet in St. Louis? (151) 

3. What is said of its members? (151) 

4. What about their nativity? (151) 

31 



482 HISTORY OF MISSOURI. 

5. Name some of them. (151) 

6. What report did the committee on Federal Relations de- 
cide on? (152) 

7. Was this report adopted? (152) 

8. What was the Moss resolution? (153) 

9. What did Mr. Moss say in regard to it? (153) 
'lo. How did Hall answer him? (153) 

11. What did John B. Henderson say? (153) 

12. What was Broadhead's belief? (153) 

13. What is said of "the pitiless logic of facts?" (153) 

14. How did the convention arrange to perpetuate itself? (154) 

15. What was the attitude of the people? (154) 

16. What is said of the election of U. S. Senators this year? 
(155) 

17. And what of the after conduct of Green and Johnson? 
(155) 



CHAPTER XIII. 

THE ARSENAL AND CAMP JACKSON. 

156. The Government Arsenal. — There was a Gov- 
ernment arsenal in St. Louis, well stored with forty thousand 
or more stand of arms and other valuable munitions of war. 
This arsenal now became the center of all warlike inten- 
tions. Both sides wanted it, in the event that there was to 
be war. Governor Jackson had all along believed the war to 
be inevitable, and if it came he believed Missouri would be 
the natural ally of the South, and he determined to put her 
on that side if he could. He did not declare this purpose pub- 
licly, but he instructed General Frost, who had gone into camp 
just at the edge of St. Louis after his return from the Kansas 
troubles, with about 700 men, to keep himself well informed 



THE ARSENAL AND CAMl' JACKSON. 483 

of all niovcmcnts, and, if he deemed it necessary, to seize the 
arsenal and hold it for future disposal. General Frost in 
furtherance of this plan waited upon its commander. Major 
Bell, who frankly told him that he thought the State had a 
right to claim the arsenal as being on her soil and that he 
would not defend it against the proper State authorities. But 
before Frost could thus peaceably take possession of the arse- 
nal, it was supplied with additional troops. Major Bell was 
relieved of command, and Major Hagncr put in his place, and 
by the eighteenth of February, the day on which the State 
voted not to secede, there were four or five hundred soldiers 
behind the w^alls, able to repulse almost any attack which might 
be made on it, and on the next day General Harney notified 
the President that there was no danger of an attack and never 
had been. In this condition of things each side would have 
gone on without any disturbance from the other, had there 
not appeared on the scene a man who was ready and anxious 
for war. This man was Captain Nathaniel Lyon. 

157. Captain Lyon was born at Ashford, Connecticut, 
educated at West Point and was an ofificer of the regular 
army. He w^as at this time forty-three years old and is de- 
scribed as having been "of less than medium height; slender 
and angular; with abundant hair of a sandy color, and a 
coarse, reddish-brown beard. He had deep-set blue eyes, and 
features that were rough and homely." Flis disposition made 
him fretful and impatient under restraint. He could see only 
one side of a question, but he saw that with terrible earnest- 
ness, and with no patience with any person who saw the other 
side. All persons who did not agree wdth him he regarded 
as being influenced by unworthy or improper motives. He was 



484 



HISTORY OF MISSOURI. 



devoted to the Union and always eager to crush those who 
were not. Upon his arrival at St. Louis he at once set to work 
to make himself department commander, and never ceased until 
he had been given almost unlimited power to do as he pleased. 
His chief helper was Frank Blair, who at all times pushed 
him forward. Yet he w^as restive, and this led him to fear that 
Mr. Lincoln "lacked the resolution to grapple wdth treason and 
to put it down forever." He thought the best thing to do 

with a conservative man 
like Major Hagiier was to 
"pitch him in the river." 
He had been in Kansas 
through all its border 
troubles betw^een the Free- 
soil and the Pro-slavery 
men. He had forniL-d 
the greatest dislike for 
the latter and in the 
troubles between the two 
factions said he foresaw 
"sectional strife, which I 
do not care to delay." He 
came to St. Louis possessed 
with this idea and feeling, 
and at once went to drilling the "Wide Awakes" and other vol- 
unteer soldiers and those cjuartered within the arsenal. In this 
he showed the greatest diligence and skill. He inspired all 
Union partisans with his own courage and zeal. By the middle 
of April, four regiments had been enlisted, and he proceeded to 
arm them with guns from the arsenal. With this well-trained 
force he and Blair felt strong enough to attack Governor 




CAPTAIN LYON. 



THE ARSENAL AND CAMP JACKSON. 485 

Jackson and his followers, and they lost no time in finding a 
pretext for so doing. 

158. A Call for Troops. — Fort Sumter surrendered to 
a Confederate army on April 13, 1861. On the same day 
President Lincoln issued a proclamation "for seventy-five 
thousand men to suppress comhinations too powerful to be 
suppressed by the ordinary course of judicial proceedings," 
and on the same day the Secretary of War telegraphed Gover- 
nor Jackson his requisition for four regiments of infantry. On 
the sixteenth the Governor replied : "Not one man will the 
State of Missouri furnish to carry on an unholy crusade upon 
the seceded States." The people of Missouri indorsed the 
Governor's reply, but to Blair and Lyon it was reason enough 
to make an attack upon Frost. Besides, this reply was sup- 
plemented by frequent reports that guns and ammunitions, 
obtained froni the Government arsenal in Louisiana, had been 
secretly brought up the river and conveyed to Camp Jackson, 
where Frost's little command was now encamped. 

159. Liberty Arsenal. — There was another Govern- 
ment arsenal about four miles south of Lil3erty in Clay county. 
It was in charge of Major Nathaniel Grant and two other 
men, and contained about 11,000 pounds of powder, about 
1,500 guns and twenty or thirty small cannon. On the 
twentieth of April, just six days after President Lincoln's call 
for troops, 200 men under the command of Colonel H. L. 
Routt, most of them from Clay and Jackson counties, quietly 
took possession of this arsenal, with no interruption except the 
protests and railings of Grant, at whom they only laughed. 
Within the next few days they carried away most of the guns 
and powder. These were never retaken but were used in after 



486 . HISTORY OF MISSOURI. 

years in the service of the Confecleracw The captors, how- 
ever, seemed to have had no other purpose than to supply 
themselves with arms and ammunition for whatever troubles 
that might arise. But the capture of this arsenal and the re- 
ports about Camp Jackson determined Lyon on making the 
attack upon that camp. 

160. Harney and Lyon. — The time was now oppor- 
tune to make the attack. General Harney, who was in charge 
of the department, and to whom therefore Lyon and Blair 
were inferior officers, had been summoned to Washington to 
answer for his official conduct on the complaint of Blair. This 
complaint was founded on a conflict between Lyon's troops and 
the St. Louis police. Lyon had been patroling the streets in 
front of the arsenal with his troops. This was in violation of 
the city laws and an interference with the duties of the Board of 
Police Commissioners. The Board complained to Lyon and 
demanded that he should obey the laws. Lyon refused. The 
Board was powerless to enforce their complaints in the face 
of his wxll-armed troops, and appealed to General Harney, 
his superior officer. He ordered Lyon to withdraw his patrols 
into the limits of the arsenal and not to issue arms to anyone 
except by his sanction. This led Blair to charge Harney to 
the Secretary of War, as having controverted his orders, and 
in consequence Llarncy was summoned to Washington to de- 
fend himself. Harney, who was opposed to any aggresive at- 
tacks, was now out of the way and Lyon was left in full com- 
mand. 

161. Lyon and Camp Jackson. — General Lyon, dis- 
guised as an old woman, on the ninth of May, the next day 
after the arms and ammunitions had been received at Camp 



Till-: ARSENAL AND CAMP JACKSON. 487 

Jackson from Louisiana, drove ihroiigh the camp, and satis- 
fied himself that the men had in their possession guns and 
ammunitions wliich had heen taken from the captured United 
States arsenal at Baton Rouge and which rightfully belonged, 
in his opinion, to the Federal Government. These were easily 
to be seen, for Frost had required them to be stacked outside 
at the entrace to the regular camp. Lyon returned and re- 
ported that the camp was "a nest of traitors." This was 
Thursday the ninth. Harney would return on Sunday. He 
and Blair determined on an attack forthwith, and that it 
should be made next day. On the next morning, General 
Frost, who had for two days been receiving reports that Lyon 
would make an attack on his camp, addressed him a letter in 
which he denied that he or any part of his command was 
actuated by any hostile intentions to the Federal Government, 
and closed by adding: "I trust after this explicit statement 
we may be able, by fully understanding each other, to .keep 
far from our borders the misfortunes which unhappily afflict 
our common country." But Lyon refused to receive the letter 
and sent it back. His troops were already forming for the 
march to the camp, which he declared w^as made up mostly of 
secessionists, who were plotting to overthrow the Government's 
authority. 

162. The Attack. — He surrounded the camp with his 
w^ell-disciplined soldiers, and sent a demand to Frost for his 
immediate and unconditional surrender. As his force num* 
bered 7,000 men and more, and Frost's 700, the latter at once 
did so. The captured soldiers stacked their arms and were 
arranged in a line along Olive street, which was occupied by 
Lyon's troops, there halted and kept standing .over an hour. 



488 HISTORY OF MISSOURI. 

Great numbers of men, women and children from the city 
gathered around the troops and prisoners, and at times at- 
tacked the troops with stones, and called them, in derision, 
"Dutch Blackguards," because one of the German companies 
called itself Die Sch7vari::e Garde (the Black Guard). The 
soldiers resented this by firing into the crowd, first with a few 
shots, which were almost immediately "followed by volley 
after volley." When the firing ceased twenty-eight persons 
lay dead or mortally wounded, among them three of the 
prisoners who had only a little while before surrendered, and 
an infant in the arms of its mother, and one of Lyon's soldiers. 
The march was at once resumed to the arsenal and the next 
day the prisoners were released on their own parole not to 
bear arms against the Government while the Civil War should 
last. 

163. A Blunder. — The attack upon Camp Jackson 
proved to be a blunder. It was intended to crush out all spirit 
of secession in the State and completely disarm and crush 
the influence of those who wished it to secede. This number 
was small. It will be remembered that the question of seces- 
sion had been submitted to the people on the eighteenth of 
February and had been declared against by a majority of 
eighty thousand votes. Since that time instead of gaining the 
secession sentiment had waned. Even the doctrine of the 
numerous Conditional l^nion men, that Missouri would se- 
cede only when the Federal Government should attempt to 
coerce and force the seceded States back into the Union, had 
been abandoned, and most of those who had prior to Feijruary 
1 8 held to this view, had prepared to cjuietly submit to this 
attempted coercion. With the exception of Governor Jackson 
and a handful of his enthusiastic followers, the vast majority 



THE ARSENAL AND CAMP JACKSON. 489 

of the people preferred that Missouri should remain in the 
Union and take no part in the Civil War, now already begun 
in other States. But now everything- was changed. In the 
twinkling of an eye a thrill of horror ran through the State at 
the needless killing of private citizens and surrendered 
prisoners by a foreign-born soldiery led by an unrelenting cap- 
tain from another State, whose course seemed to receive the 
entire sanction of President Lincoln. The news was telegraphed 
to Jefferson City where the Legislature had been in special 
session since May 2. At that very time it happened the Mili- 
tary Bill, designed for the organization of the State militia for 
any emergency that might arise, was being considered and had 
been under consideration for several days. It was being suc- 
cessfully opposed, because it was believed the people had pro- 
nounced against any military preparations, and for the further 
reason that it was feared the Governor might use the militia 
in aid of secession. The bill for these reasons could never 
have been passed had not the Camp Jackson affair occurred. 
But within fifteen minutes after the news had been received 
at the Capitol that the United States forces had attacked the 
State forces the Military Bill had been rushed through both 
houses of the General Assembly, and was ready for the Gov- 
ernor's signature. That was an indication of the rapid change 
in the feelings of the people. Within five days the Legis- 
lature passed laws authorizing the expenditure of over two 
million dollars "to repel invasion and put down rebellion," as 
it said. Fortunately the Legislature had sometime before re- 
ferred to the convention and to the people the question of 
secession ; if this had not been done, the Legislature would now 
with equal precipitation have passed a secession ordinance. 



490 HISTORY OF MISSOURI. 

164. Preparations for War. — Preparations for the war 
by both sides now went on apace. Hundreds of men who 
up to this time remained loyal to the Union, felt themselves 
driven into the secession movement by the unfortunate affair 
at Camp Jackson. Among those who identified themselves 
with this movement was Sterling Price, who had been Gover- 
nor of the State from 1853 to 1857, and who had reflected great 
glory upon Missouri in the Mexican War. He now offered 
his sword to Governor Jackson to fight for wdiat he declared 
to be in defense of the State. He was appointed major-general 
of Missouri State Guards. The State was divided into eight 
military districts and over each was appointed a brigadier- 
general to organize and drill the militia. For this purpose 
Governor Jackson appointed A. W. Doniphan, Monroe M. 
Parsons, James S. Rains, John B. Clark, Thomas A. Harris, 
Nathaniel W. Watkins, A. E. Steen, W. Y. Slack and James 
H. McBride ; Colonel Doniphan, however, refused to accept 
the appointment, but remained steadfast in his allegiance to 
the Union, yet took no part in the war. 

165. Indorsed by Harney. — General Harney had in 

the meantime returned to St. Louis. He deemed the at- 
tack on Camp. Jackson as proper and just, and said two of the 
streets of the camp were called Davis and Beauregard, after 
Jefferson Davis and the general who had led the attack on Fort 
Sumter, and that soldiers therein had openly worn the dress 
and badge of Confederate soldiers. He issued a proclamation 
on the fourteenth of May in which he declared : "No Govern- 
ment in the world would be entitled to respect that would, for 
a moment, tolerate such openly treasonable preparations," and 
announced that the whole power of the United States would 



THE AKSKNAL AND CAMP JACKSON. 491 

be employed, if necessary, to maintain its authority as "the 
supreme law of the land." Beyond this he wished only to 
preserve the general peace and to protect all loyal citizens 
from violence of any kind. On the seventeenth of May he 
asked the War Department for ten thousand stand of arms, 
and that nine thousand men should be furnished him by Iowa 
and Minnesota. 

166. Price-Harney Agreement. — While these prep- 
arations for war were going on, conservative men appealed 
to Harney and Price to preserve the peace and agree upon a 
plan of neutrality ; General Harney accordingly sent an invita- 
tion to General Price to meet him for the purpose of forming 
such an agreement, which Price, with Governor Jackson's ap- 
proval, readily accepted. The Price-Harney agreement was 
formed, wherein each avowed it was his purpose ''to restore 
peace and good order," and Price was to be intrusted with the 
duty of keeping order in the State, subject to the laws of the 
Federal and State Governments. If this were done the people 
were assured by Harney that he would have no occasion, as 
he had no wish, "to make military movements in the State 
which might create jealousies or excitement." In accordance 
with this agreement. Price dismissed the troops at Jefferson 
City. But because the agreement, which Harney said pro- 
duced a good effect throughout the State, did not include that 
all miltary organization should cease and the militia be dis- 
persed, this action of Harney's gave great offense to Blair 
and Lvon, who at once determined upon his removal. Accord- 
ingly, O. D. Filley, as a member of the St. Louis "Safety Com- 
mittee," which had all along supported Lyon and Blair, sent out 
a. circular letter to every part of the State asking that full and 



492 - HISTORY OF MISSOURI. 

detailed reports be sent in of all offensive treatment of loyal 
Union men by the secession element. These reports were very 
voluminous. They were forwarded to President Lincoln, who 
sincerely believed them, but Harney did not, but declared that 
Price was faithfully carrying out his part of the agreement. 
The President thought these outrages "should be stopped," 
and therefore relieved Harney, and put General Lyon in com- 
mand. 

167. War Declared. — General Lyon was no longer 
impeded by a conservative superior officer, but left free to pur- 
sue any course he pleased. Both sides began at once to again 
make active preparations for the war. But before much had 
been done William A. Hall and other honorable citizens made 
another eff'ort to prevent a conflict, and persuaded Governor 
Jackson to ask an interview with General Lyon "for the 
purpose of effecting a pacific solution of the troubles of Mis- 
souri." Lyon regarded Governor Jackson as a traitor, but 
if he should come to St. Louis for this purpose, Lyon promised 
that he would not arrest him while there or on his way back 
to the capital. Accordingly the interview took place at the 
Planters' House, St. Louis, on the eleventh of June. The 
Governor was accompanied by General Price and Thomas L. 
Snead, who appeared for the State, while Lyon, Blair, and 
Major Conant represented the Federal Government. General 
Lyon led the conference for his side, which lasted for four 
or five hours. In a proclamation which the Governor pub- 
lished next day he declared that in this interview he had pro- 
posed to Lyon and Blair : "That I would disband the State 
Guard and break up its organization ; that I would disarm all 
the companies which had been armed by the State; that I 



THE ARSKNAL ANFJ CAMP JACKSON. 493 

would pledge myself not to atteni])t to organize the militia 
under the Military Bill ; that no arms or other munitions of 
war should be brought into the State ; that I would protect 
all citizens equally in all their rights, regardless of their politi- 
cal opinions ; that I would suppress all insurrectionary move- 
ments within the State ; that I would repel all attempts to in- 
vade it from whatever quarter and by whomsoever made ; and 
that I would thus maintain a strict neutrality in the present 
unhappy contest, and preserve the peace of the State." This 
was a clear abandonment of secession by the Governor, but 
the proposition was made upon the condition that the Federal 
Government would undertake to disarm the volunteer soldiers 
called the Home Guards, and would pledge itself not to occupy 
w^ith its troops any locality in the State not occupied by them 
at that time. Finally when this proposition had been fully 
discussed (till all present understood it), Lyon suddenly broke 
up the conference by this reply; "Rather than concede to the 
State of Missouri the right to demand that my government 
shall not enlist tro'ops within her limits, or bring troops mto 
the State whenever it pleases, or move its troops at its ow^n 
wall into, out of, or through the State ; rather than concede 
to the State of Missouri for one instant the right to dictate 
to my Government in any matter however unimportant, 
I would see you and every man, w^oman, and child in the 
State, dead and buried ;" and, turning to the Governor, "he said : 
"This means war ; in an hour one of my officers will call for 
you and conduct you out of my lines." And it did mean war. 
Men who had known and loved each other for years, now bade 
farewell and turned away, a part to fight for the Union, the 
other part for the State. 



494 HISTORY OF MISSOURI. 

Questions on Chapter XIII. 

1. What is said of the arsenal near St. Louis and Jackson's 
attempt to gain possession of it? (156) 

2. Describe Captain Lyon. (157) 

3. What had he to say of Mr. Lincohi? (157) 

4. What did he foresee from the Kansas troubles? (157) 

5. What did he and Blair determine on? (157) 

6. What call did Mr. Lincoln make? (158) 

7. What was Jackson's reply? (158) 

8. How did Blair and Lyon regard this reply? (158) 

9. What other bad report did they hear? (158) 

10. What is said of Liberty arsenal? (159) 

11. What conflict between Harney and Lyon had occurred? 
(160) 

12. Describe Lyon's conduct on May 9. (161) 

13. What did Frost do on the morning of the tenth? (161) 

14. Describe the attack on Camp Jackson. (162) 

15. What was the purpose of the attack on Camp Jackson? 
(163) 

16. How did it prove to be a blunder? (163) 

17. What were some of its effects? (164) 

18. Who was placed in command of the State Guard? (164) 
19- How did Harney regard the attack on Camp Jackson? (165) 

20. What was the Price-Harney agreements? (166) 

21. How did Price begin to carr}^ it out? (166) 

22. What, did Harney say of it? (166) 

23. How did the Safety Committee break it down? (166) 

24. What was the result on Harney? (166) 

25. What further efforts at peace were made? (167) 

26. Describe the interview between Lyon and Jackson. (167) 

27. What did Jackson propose? (167) 

28. Upon what condition were these propositions made? (167) 

29. Was Lyon willing to concede to the State the right to 
dictate to the Federal Government? (167) 

30. What did he say? (167) What did that mean? (167) 



CHAPTER XIV. 

BOONVILLE, CARTHAGE AND COWSKIN 
PRAIRIE. 

168. Hasty Movements. — Jackson and Price hastened 
to Jefferson City immediately after the conference with 
Lyon, arriving there at two o'clock at night. Before daylight 
the Governor had issued his proclamation, setting forth in 
full the propositions of the conference, and asking for fifty 
thousand volunteers, "for the purpose," he said, "of repelling 
the attack that had been made on the State and for the pro- 
tection of the lives, liberties and property of her citizens." He 
also sent orders to the commanders of the diiferent military 
districts (mentioned in section 164), to assemble their men 
and prepare for active service. On the next day he and Price 
and the State officers, with the State papers, hastily set out 
for Boonville, General Price having previously caused the 
railroad bridges over the Osage and Gasconade tO' be destroyed 
so as to prevent Lyon's approach by rail, and directed General 
Parsons, who had collected a small force, to retire to a point 
along the Missouri Pacific railroad and there await orders. 

169. At Boonville. — On his arrival at Boonville Jackson 
found General John B. Clark already there with several hun- 
dred men. They continued to arrive during the next two days, 
and came in little squads from all around the country, but 
mostl}- from north of the river where Clark and Price and 
Jackson were greatly beloved. But Price soon became con- 
vinced that it would be impossible for him to hold the river 

(495) 



490 HISTORY OF MISSOURI. 

against the superior force of General Lyon, who was rapidly 
moving up the river. He needed time to organize an army, 
train the troops who knew nothing at all of a soldier's duties 
and to furnish them with guns and ammunition. He, there- 
fore, leaving Jackson and Clark behind him, hastened on to 
Lexington. His plan was to assume command of the troops 
who had been assembling at that point, which had been 
threatened by a large body of Kansas and National forces, and 
withdraw them to the southwest, where he hoped for time to 
organize, arm and equip them. 

170. Lyon's Movements. — The movements of Gen- 
eral Lyon were equally active. Immediately after the con- 
ference in St. Louis with Jackson and Price, he telegraphed to 
Washington for five thousand stand of arms and authority 
to enlist more troops in Missouri. Both requests were im- 
mediately granted. He ordered Colonels Sigel, Salomon and 
B. Gratz Brown with their regiments to set out for Springfield. 
Brigadier-General Thomas W. Sweeney was put in command 
of this expedition, and its object was to intercept Governor 
Jackson if he should attempt to retreat to Arkansas. Lyon 
himself took two thousand well-trained troops and started by 
boat next day for Jefi'erson City. He arrived there on the 
fifteenth of June, and leaving Colonel Boernstein and three 
hundred men to hold the city, he himself proceeded up the 
river. When within eight miles of Boonville, he landed most 
of his men, and caused the boats to move on past the city 
with the rest, in order to deceive Jackson as to his real pur- 
pose. 

17L Battle of Boonville. — The battle of Boonville was 
fought on ]\Ionday, June 17, between Colonel Marmaduke 



BOONVILLE, CARTHAGE AND COWSKIN PRAIRIE. 49/ 

with less than five hundred men, and General Lyon with 
over three times that number. The engagement was sharp 
and was kept up for some time. It took place one mile east 
of the city and resulted in routing Marmaduke, with two men 
killed and five slightly wounded. Lyon's loss was two men 
killed and nine wounded. Jackson was now obliged to beat 
a hasty retreat to the southwest, which he did with his entire 
force, including General Parsons who had joined him at Boon- 
ville on the very day of the fight with Lyon. Lyon remained 
at Boonville two weeks waiting for his transportation, and 
thoroughly discouraging any secession movements by his very 
presence. 

173. Discouraging Effects.— This battle of Boonville, 
trifling as it may appear from the amount of fighting done, 
proved to be perhaps the most important to the Union cause 
fought in Missouri during the entire war. It was the first 
real fight between the State and Union forces and the Union 
had won. It was fought, on the part of the State, by volun- 
teers alone. When these were defeated it almost put a stop 
to volunteer enlistments in Price's army. The ardor of tlie 
Southern sympathizers had led them to believe that Jackson's 
forces would gain this battle. When he failed they were so 
discouraged and calmed that they quietly submitted. All north 
Missouri was now in complete subjection. At Lexington Price 
was threatened with a force of 2,500 men from Kansas under 
]\Iaj'or Sturgis. He therefore ordered his troops to proceea 
southward under command of General Rains, to join Jackson, 
and set out himself for Arkansas tO' induce General Ben 
McCulloch with a large Confederate army to enter the State 
and assist in driving Lyon from it. 

32 



498 



HISTORY OF MISSOURI. 



173. The Battle of Carthage. — Jackson retreated 
southward rapidly. His force consisted of between six and seven 
thousand men, badly organized and poorly supplied with arms 
and ammunition. At Lamar he was joined by Rains and as he 
approached Carthage he suddenly found Colonel Sigel in his 
front, with about a thousand well-armed men. On July 5 a line 
of battle was drawn 'on a ridge which gently inclined towards 
Coon creek, about twelve miles from Carthage. About 2,600 
infantry armed with shotguns and rifles, and 1,500 mounted 
m.en similarly armed, took part in the fight on the part of the 

State troops. Sigel opened 
the fight with a steady fire 
of shot, grape and shell. It 
was kept up for about an 
hour, when about two 
thousand of Jackson's un- 
armed men were ordered 
to take shelter in the skirt- 
ing of w^oods on his right. 
Sigel did not know they 
were unarmed but sup- 
posed they were ordered 
to attack him in the rear, 
'Q^ ~ Q and withdrew his men in 

MAj. GEN. FRANZ SIGEL. good Order bcyoud the 

creek. There he left Essig's battery and five companies of in- 
fantry to prevent the State troops from crossing. When the 
troops got within four hundred yards of the ford they were 
met by the well-directed shots from Essig's battery. Here the 
hottest fighting of the day followed. But Generals Clark and 
Parsons managed to cross at another ford, and were about to 




1300NVILLE, CARTHAGE AND COWSKIN PRAIRIE. 499 

cut oft* any j^ossibility of Essig's escape. He therefore fell 
back to the main body of Sigel's army, who continued his re- 
treat on to Sarcoxie, twenty miles away. Sigel's loss was 
thirteen killed and thirty-one wounded. Jackson's loss was 
ten killed and sixty-four wounded. The losses on each side 
have often been erroneously reported to be three or four hun- 
dred. 

174. Lyon's Course. — We left General Lyon at Boon- 
ville. He remained there two weeks and then set out to 
run Jackson down, give him battle and compel him to sur- 
render or drive him from the State. He arrived within twelve 
miles of Springfield on July 12, and "accompanied by a body- 
guard of ten stalwart troopers for his especial escort, he dashed 
through the streets of the city on his iron-grey horse, his 
bearded warriors being mounted on powerful chargers and 
armed to the teeth with great revolvers and massive swords." 
The next day he telegraphed to headquarters that Governor 
Jackson was in that vicinity with not less than thirty thousand 
men. and asked for ten thousand additional troops. As a mat- 
ter of fact Jackson had on the previous day left for Arkansas, 
and the entire combined force of Lyon's foes did not at any 
time amount to over fifteen thousand men, armed and un- 
armed. 

175. Organization of Price's Army. — Lyon's two 
weeks delay at Boonville proved invaluable to Price. Price 
had been successful in inducing McCulloch to cross the border 
with several regiments of Confederates and Arkansas troops, 
but without waiting for them he hastened back to Missouri to 
organize his own army. On July 12th he led his troops toward 
Cowskin Prairie, in McDonald county, and there had a breath- 



500 HISTORY OF MISSOURI. 

ing spell, and began at once a systematic organization of his 
army and energetic preparations for an active campaign. He 
had few arms or military supplies of any kind and no money 
with which to procure them. But he needed no money to pay 
the men. They never expected any pay, had never been 
promised any, but had volunteered their services to fight for 
the State and to help the Governor maintain its dignity and 
himself at its head as its rightful executive, as they believed. 
They were intelligent men ; such men imbued with the spirit 
and purposes which actuated them, can always devise muni- 
tions of war. Governor Jackson on leaving the capital had 
brought along a supply of powder. The lead was taken from 
the Granby mines near by. One of the officers. Major Thomas 
H. Price, devised from the trunks of large trees monster molds 
for buckshot and bullets. The work of organizing and equip- 
ping the State Guard thus went on apace, and by the end of 
July it was ready to take the field wath an effective force of 
five thousand men armed with hunting rifles, shotguns, a few 
cannons and a few army guns, while two thousand more un- 
armed men were waiting to pick up the guns of those who 
might be stricken in battle or by disease. 

Questions on Chapter XIV. 

1. What did Jackson do on his arrival at Jefferson City? (i68) 

2. How did Price try to impede Lyon's movements? (i68) 

3. What other preparations for a campaign were made? (i69)' 

4. Describe Lyon's movements. (170) 

5. Describe the battle of Boonville. (171) 

6. What is said of the importance of this fight? (172) 

7. Detail the incidents of the battle of Carthage. (173) 

8. What was Lyon's next movement? (174) 

9. What telegram did he send from Springfield? (174) 

10. Describe Price's movements and the organization of his- 
army. (175) 



CHAPTER XV. 

THE BATTLE OF WILSON'S CREEK. 

176. Forward Movements. — On the twenty-eighth 
and twenty-ninth of July General Price, with a force of 5,000 
armed and 2,000 unarmed Missourians, General McCuUoch 
with a brigade of 3,200 well-armed Confederates, and General 
Pearce with 2,500 Arkansas troops, in all nearly thirteen thous- 
and men, began to unite their forces near Cassville, fifty-two 
miles southwest of Springfield. On the thirty-first they started 
for that citv. Lyon learned of the movement next day, but 
was led to believe they were marching upon the city by 
separate routes. He determined therefore to attack them in 
detail and started the same day to meet the force advancing 
from Cassville. He went twenty-four miles in that direction, 
but being unable to learn anything about the army in front of 
him, which was, in fact, the entire forces of Pearce, Price and 
IMcCulloch, and fearful that they, with their larger force, 
would -flank him and cut off all communication with Spring- 
field, on Monday, August 3, he returned thither. By this 
time McCulloch had pretty well lost confidence in ''the undis- 
ciplined" Missouri troops, and in order to pacify him 
General Price, who was a far abler general, yielded to him 
the chief command. IMcCulloch followed Lyon toward 
Springfield to Wilson's Creek, about nine miles southwest. 
Here he camped in a considerable valley, within reach of some 
ripening cornfields, which wxre to be the only subsistence of 
his army for the next day or two. Near the ford across this 

(501) 



502 HISTORY OF MISSOURI. 

creek the valley was narrow, and toward the west w^as a hill 
gradually rising from the creek to a height of nearly one hun- 
dred feet, and covered with undergrowth and scrub-oak trees. 
This hill has since been known as ''Bloody Hill," and here 
on Saturday, August lo, 1861, was fought the bloody battle of 
Wilson's Creek. 

177. The Battle.— Friday, August 9, Lyon ordered Sigel 
to set out late in the afternoon with his entire force of twelve 
hundred men, turn McCulloch's right flank and attack him in 
the rear. He himself set out with four thousand two hundred 
men. About midnight he halted within two miles of Bloody 
Hill, and the next morning at dawn started for that point. 
At five o'clock he came in contact with the advance State 
forces under Hunter, which fell back over the brow of Bloody 
Hill. As they did so, Lyon opened on them v/ith his cannon, 
and immediately Sigel, who had completely gained McCulloch's 
right, responded with his guns upon the eastern outposts. Mc- 
Culloch hastened ofl^ to meet Sigel, and Price to engage Lyon. 
Price's and Lyon's forces formed within three hundred yards 
of each other, but the undergrowth kept them entirely con- 
cealed. Price deployed 3,100 men under Generals Clark, Par- 
sons and McBride along the eastern declivity; Lyon, leaving 
the rest of his men for reserve, took 1,900 of them and formed 
along the western side, his under-officers being the afterwards- 
famous Generals Schofield, Totten, Sturgis, Granger, Elliott^ 
and Osterhaus. Price waited for Lyon to make the attack. 
This he did soon after six o'clock. "Forward" rang along 
the lines and was plainly heard by both sides. Then followed 
the crackling of the brush through which Lyon's men were 
advancing, then the sharp click of a thousand rifles, the 
reply of a thousand shotguns and the roar of the cannon. The 



THE BATTLE OF WILSON 's CREEK. 5^3 

battle raged for five hours with desperate fury. "The Hues 
approached again and again within less than fifty yards of 
each other, and then, after delivering- a deadly fire, each would 
fall back a few paces to re-form and re-load, only to advance 
again to this strange battle in the woods." Frequently the 
deepest silence would fall upon the men after one of these 
charges. The two armies were grappling in a death struggle 
for jNIissouri. 

About nine o'clock Sigel had been completely routed 
with very little hard fighting and was in full retreat to Spring- 
field. His men had taken instant flight on the dashing on- 
slaught of the third Louisiana regiment, which they took for 
Iowa friends. Throwing themselves into the brush, which 
lined both sides of the road, they became separated. Sigel 
and Salomon, with about two hundred Germans, and Carr's 
company of cavalry, strated for Springfield, but were suddenly 
set upon by Colonel IMajor, with some mounted Missourians 
and Texans. The Germans being abandoned by Carr, were 
nearly all either killed, wounded, or captured. Sigel reached 
Springfield with only one man. 

The entire Confederate force, after the defeat of Sigel, 
was ordered to assist Price in his conflict with Lyon. Seeing 
all this army concentrating before him, Lyon determined to 
dash upon Price with all his might and crush him to the 
ground before these gathering forces could come to his relief. 
Then followed the hottest fight of the day. 'The engagement 
at once became general and desperately fierce along the entire 
line. Price's men appearing in front, often in three or four 
ranks, lying down, kneeling and standing, and the lines often 
approaching within thirty or forty yards." Riding along 
in front of his men, now broken down by the long night-march 



504 HISTORY OF MISSOURI. 

arid four hour's hard fighting, the intrepid Lyon encouraged 
them to make one more eftort to win the day. Suddenly, his 
horse was shot from under him, and he himself was wounded 
in the head and in the leg. He was stunned for the moment, 
and was heard to confusedly say he feared the day was lost. 
Then recovering himself, he mounted another horse and rode 
gallantly along the lines, waving his hat and urging his men 
to follow. The soldiers instantly closed around him, and 
together they dashed into the fight. The next moment a ball 
had pierced Lyon's breast and he was dead. The command fell 
on Major Sturgis, who ordered retreat. The Union forces 
moved away in perfect order from the field for which they had 
fought so bravely and so ably. 

178. The Results of the Battle.— Of the 5,400 Union 
men who took part in the fight 1,317 oft'icers and men 
were killed, wounded or missing. General Lyon, every 
brigadier-general and every colonel engaged on Bloody Hill 
were either killed or wounded, so that the army was led off by 
a major. The total loss of the Confederate and State troops 
was 1,230 killed and wounded, out of 10,000 men who in some 
way took part in the battle. Colonels Weightman, Cawthorn and 
Ben Brown were killed ; Foster, Kelly and Burbridge were dis- 
abled ; Generals Slack, Clark and Price were wounded. The 
total number wounded, killed and missing on both sides was 
2,547, or sixteen per cent. Of the 7,700 men who took part 
in the battle on Bloody Hill, on both sides, 1,880 or about 
twenty-five per cent were killed or wounded. Old soldiers 
who took part in the battle have frequently corroborated each 
other in stating that on one acre of the field where the battle 
was fiercest, at least half the surface was covered with dead 
or dying men. 



THE BATTLE OF WILSON's CREEK. 505 

179. The Retreat.— Lyon's army had been completely 
<iefeated. It was now at the mercy of Price and McCulloch 
if they chose to pursue. It had an immense and richly-laden 
wagon train and other spoils valued at one million, five hun- 
thousand dollars. These it undertook to conduct safely to 
Rolla. Its adversaries had come out of the battle with six 
or eig-ht thousand men who had scarcely fired a gun. Besides, 
the battle gave them plenty of arms and ammunition. They 
could also have had this immense army train, and thereby 
supplies for their army for months. But McCulloch refused to 
follow up the victory and take easy possession of the fruit 
which the rules of war made his. He was a Confederate officer 
in command of a Confederate army. He had been stationed in 
Arkansas for the defense of Indian Territory. His duty w^as 
to defend, not to attack. Missouri was yet in the Union. He 
liad no authority to attack a loyal State. He had repelled 
Lyon's intended invasion of Arkansas and Indian Territory, 
and having succeeded he now conceived it his duty to with- 
draw from }>Iissouri. In vain did Price beg him to lead the 
forces against the retreating Union army. To have done so 
would have been to retake the State within sixty days. Price 
was unable to accomplish this movement with his forces alone, 
and before he could undertake it the Union army had increased 
to many times larger than his own. Sturgis made the trip to 
Rolla in peace, and Price w^as never afterwards able to make 
any headway against the overwdielming Union forces that 
now poured into the State. 

Questions on Chapter XV. 

1. What were the Confederate and State forces at the close 
of July and who were in command? (176) 

2. What did Lyon hear and do? (176) 



506 HISTORY OF MISSOURI. 

3. How did McCulloch happen to be in command? (176) 

4. To what place did McCulloch follow Lyon? (176) 

5. What movement did Lyon and Sigel make on August 9?' 
(177) 

6. Describe the arrangement of troops on both sides. (177) 

7. Describe the battle on Bloody Hill. (177) 

8. What success had Sigel had? (177) 

9. What further is said of the fight on Bloody Hill? (177) 

10. What were some of the results of the battle? (178) 

11. What is said of the retreat? (179) 

12. What was the result of failure to follow up the victory?^ 
(179) 



CHAPTER XVI. 

THE LAST MONTHS OF 1861. 

180. Actions of the Convention. — The second meet- 
of the Convention, which, instead of dissolving after 
its March session, had only taken a recess to reconvene at the 
call of its executive committe, was begani in Jefferson City on 
July 22. Its former president, Ex-Governor Price, had ac- 
cepted the position of major-general of the State troops, and 
his seat was declared vacant because of that fact. Robert Wil- 
son, of Buchanan county, was elected president in his stead. 
The Convention then entered upon some extraordinary pro- 
ceedings. On July 30 it declared the oftice of Governor vacant 
and elected one of its own members, Hamilton R. Gamble of 
St.- Louis, Governor in Jackson's place. It declared the office 
of Lieutenant-Governor vacant and elected Willard P. Hall, of 
St. Joseph, in Mr. Reynolds's stead. It went further and de- 
clared the offices of the members of the Legislature vacant 
and agreed upon a time for electing their successors. Before 



THE LAST MONTHS OF 1861. 50/ 

that time had arrived the election was posponed, by subsequent 
sessions, till November, 1862, and before an election was held 
at all, it passed laws prescribing- that no person should be 
allowed to vote who did not indorse the actions of the Con- 
vention. It went still further and began to perform the duties 
of the General Assembly, and these duties it exercised for 
seventeen months before giving the people a chance to elect 
a new Legislature in place of the one whose powers it had as- 
sumed, and not till 1864 did it permit the people to elect a Gov- 
ernor in Jackson's stead, although the Constitution plainly re- 
quired that in case of a vacancy in the office of Governor an 
election should be held to fill it. These acts of the Convention 
have usually been excused on the ground of military necessity. 
That the great mass of the people quietly submitted to such 
a change, was positive proof that they realized the State was 
now in the midst of a great war, which required the exercise of 
new and extraordinary powers by this body which assumed to 
act for the State ; and whether they approved of the course of 
the Convention or not as being the best policy, it remains true 
that nearly all its members were conservative, loyal men, who 
at all times had in mind only to secure peace and keep the 
State in the Union. As soon as it was certain that the destiny 
of the State would be safely Union in the hands of a new 
Legislature, the Convention laid down its assumed powers and 
permitted the Legislature to exercise them as it had done in 
former days. 

181. Battle of Lexington.— After the battle of AYil- 
son's Creek, General McCulloch withdrew to Indian Ter- 
ritory, General Pearce took his troops back to Arkansas, and 
General Price started north for the Missouri river. On the 



508 HISTORY OF MISSOURI. 

thirteenth of September his forces drew up in front of Lexing- 
ton, and on the eighteenth began besieging the place. The 
Union troops were well intrenched behind good embankments 
on Masonic College Hill, the present location of Central Col- 
lege for Young Ladies. General James A. Mulligan was in 
command with about one thousand and five hundred Mis- 
sourians and an equal number of Illinois troops. General 
Price's men numbered about seven thousand fit for service. 
They made movable breastworks of bales of hemp, under 
shelter of which they approached within thirty yards of ]\Iulli- 
gan's works. The seige was kept up for fifty-two hours. Then 
Mulligan surrendered. According to General Price the fruits 
of this victory were three thousand prisoners, five pieces of 
artillery, over three thousand stand of arms, seven hundred 
and fifty horses, about one hundred thousand dollars worth 
of commissary stores and a large amount of other property. 
He also obtained the restoration of "nine hundred thousand 
dollars in money which had been taken from a bank in the 
city." During the seige both armies underwent .q-reat hard- 
ships. When it first began, thousands of Price's troops, who 
had not slept or eaten for thirty-six hours, fought desperately 
all day. When Mulligan surrendered, his men were entirely 
out of water, and all they had had during a great part of the 
seige had been obtained by catching the water of a slight rain 
in their blankets and then wringing them in buckets. A week 
later Price abandoned Lexington and started southward. 

182. The Secession Legislature. — While General Price 
was at Lexington, Governor Jackson issued a call from 
that place for the General Assembly to meet on October 21 
at Neosho in the southwest corner of the State, wdiere it 



THE LAST MONTHS OF 1861. 509 

could be under the shelter of Price's army. Just how many 
members were present is not known, for the records of its 
proceedings were lost. Perhaps not a quorum of either house. 
If this were true, its actions could not be binding upon the 
State. Yet it is true that it passed a secession act by which 
it declared Missouri withdrawn from the Union. It elected 
John B. Clark, Sr., and R. L. Y. Peyton to the Confederate 
Senate at Richmond, Virginia, and eight other gentlemen to 
the House. For purposes of its own the Confederacy chose 
to recognize these acts of the Legislature as legal, and ad- 
mitted Missouri into the Confederacy. There can be no 
doubt that many of the people indorsed the action of this 
Legislature. In fact, ever since the attack on Camp Jack- 
son, public- sentiment had been growing for secession. But 
the Convention, which some months before this declared va- 
cant the seats of the members of the Legislature, still exer- 
cised the duties of that body and was sustained by the strong 
hand of military power. In its subsequent dealings with the 
State, Congress chose to recognize the Convention as being* 
the only power that could take Missouri out of the Union. 
Consequently the State never seceded. But after this "Seces- 
sion Act" the organization of the State Guard ceased, and 
all those who ''went south" and joined the Confederate army 
were known as Confederates, although it was more than three 
months after this before any of them ever saw a Confederate 
flag. Soon after this Governor Jackson went south and re- 
mained out of the State most of the time till his death, which 
occurred at Little Rock, December 6, 1862. From that time 
on Thomas C. Reynolds, the Lieutenant-Governor, acted in 
Jackson's stead till the people elected Thos. C. Fletcher Gov- 
ernor, in 1864. Of course the power he exercised was lim- 



510 HISTORY OF MISSOURI. 

itcd, and was in dispute of the right of Gamble to act as 
Governor of the State. He appointed members to the Con- 
federate Congress, both House and Senate, and made a few 
other hke appointments, but aside from this he was Governor 
only in name. 

Questions on Chapter XVI. 

1. When did the Convention again meet? (i8o) 

2. Whom did it elect president? (i8o) 

3. What did it do about the office of Governor? (180) 
4., What did it do as to all other offices? (180) 

5. What powers did it assume? (180) 

6. On what ground have these acts usuall}^ been excused? 
(180) 

7. Describe the battle of Lexington. (181) 

8. Where did the remnant of the Legislature convene? (182) 

9. What is said of it? (182) 

10. Did Missouri secede? (182) Why not? (182) 

11. What were the troops now called? (182) 

12. What became of Jackson? (182) 

13. What about Rejaiolds? (182) 



CHAPTER XVII. 
FROM 1862 TO 1864. 

183. Order No. 24. — The war had produced local dis- 
turbances in nearly every county in the State, and in some 
localities neither life nor property was safe. But in St. Louis 
everything was orderly and the Union forces there w^re in 
full control. For this reason many avowed supporters of 
the Union cause had taken refuge in the city. General Hal- 
leck of the Union army, on December 12, issued "Order No. 



FROM 1862 TO i8j4. 511 

^4," making- assessments on certain wealthy citizens of the 
city, who favored the cause of Governor Jackson or of the 
Confederacy, by which they were required to contribute money 
for the support of these refugees. Some of these citizens 
refused to pay the assessments and their property was seized 
by force. Samuel Engler, a prominent merchant, did not 
approve of this summary way of taking away his property, 
and attempted to recover it by suit at law. For so doing 
he and his lawyer were arrested and lodged in a military 
prison. After this the assessments were generally paid. This 
method of raising funds was repeated during the next few 
years by the various little commands stationed at different 
points in the State and great sums of money were thus ob- 
tained. 

184. Battle of Pea Ridge. — General Halleck had 
wintered a large part of liis army in and around Lebanon, 
Laclede county, while General Price remained around Spring- 
field. On February 11, 1862, this part of the army, under 
command of General Curtis, moved out upon Price, who fell 
back towards Cassville, then across the State line into Ar- 
kansas, where he was joined by General McCulloch, and Gen- 
eral Albert Pike with a large number of Lidians and white 
troops from Indian Territory. These, added to Price's eight 
thousand Missourians, made a grand army of nearly twenty 
thousand men, and the whole was placed under the command 
of General Van Dorn, a courageous and daring officer. Curtis, 
with perhaps a less number of troops, followed Price at some 
distance and encamped near Pea Ridge, a little place only a few 
mules over the line in Arkansas and about thirty miles from 
Cassville. Here, early in the morning of ^Nlarch 6, 1862, he was 



512 HISTORY OF MISSOURI. 

vigoronsly attacked by Van Dorn, and a bloody battle followed, 
which was skillfully and desperately fought on both sides. 
It lasted for three days, with ever-changing fortunes to the 
opposing forces. At one time it seemed that the Union cause 
would win, then the opposition, then again the Union. On 
the third day victory perched on the Federal banner, and the 
Confederates retreated. The Union loss was one thousand 
three hundred and fifty-one killed, wounded and missing. The 
Confederate loss was about the same. General !\lcCulloch 
was killed, so was General W. Y. Slack of ^lissouri, and 
General Price was wounded in the arm. 

185. Price Joins the Confederacy. — One month after 
the battle of Pea Ridge General Price published an order 
in which he bade farewell to the State Guard. Shortly after- 
ward he was transferred to the east side of the Mississippi 
with about five thousand State troops who had followed him 
into the Confederac}-, and from this time on they were known 
as Confederate troops. They were from time to time joined 
by other jNIissourians, but it is not likely that the number 
ever exceeded ten thousand men. Of their subsequent career 
it is not proper here to speak. Sufl:'ice it to say that this band 
of men fought on till the ninth of April, 1865, and on that 
day, the very one on which Lee surrendered, their number now 
reduced to four hundred, they fired their last gun at Fort 
Blakely on the Gulf of Alexico. 

186. State Militia. — The State Convention, which 
held its third session in October, 1861, had also passed a 
Military Bill, not greatly unlike the Military Bill passed by the 
General Assembly in May, which had been urged by Lyon 
and the Convention as one cause for attacking Camp Jack- 



FROM 1862 TO 1864. 513 

son. This bill provided for the organization of the supporters 
of the Convention and the Union cause throughout the State, 
under the name of the "Missouri State Militia." Companies 
of these were enlisted in nearly every county, and among the 
prominent officers thereof, who were then or have since been 
prominent citizens of the State, were Col. John F. Philips 
of Pettis, Colonel T. T. Crittenden of Johnson, Major A. 
W. Mullins of Linn, Colonel John F. Williams of T\Iacon, 
and General Odon Guitar of Boone. 

187. Missourians in Opposing Companies. — Early in 
April General Halleck set out for Corinth, Mississippi, and 
left General Schofield in command in Missouri. Governor 
Gamble appointed him Brigadier-General of Missouri State 
Militia, Vv'ith power to call as much of it into active service as 
might be required to put down all marauders. Confederate 
companies for opposing these were also organized, and as a 
result most of the battles and skirmishes thereafter took place 
between these opposing companies of ]\Iissouri citizens. 
There were many of them* but they were mostly small skir- 
mishes and to properly describe them would require a large 
volume. They engendered much strife among the people, 
disturbed all kinds of business, broke up churches and the 
schools, and drove many peaceably inclined or defenseless per- 
sons from the State. 

188. The Sacking- of Lawrence. — That a rank growth 
of general freebooting should have sprung up along the border 
in both Missouri and Kansas was to be expected from the 
lav.dess state of affairs which has been recounted under the 
head of "Kansas Troubles." The war opened a wider field 

33 



514 HISTORY OF MISSOURI. 

for Spoliation. Early in the struggle appeared a band of 
"jayhawkers," known as "Red Legs," because they wore red 
morocco leggings. The band was originally devoted to horse 
stealing, but became flexible enough to include rascals of every 
kind. At intervals the band would dash into Missouri, seize 
horses and cattle, commit other and worse outrages, then re- 
turn with their booty to Lawrence and sell it at public auction. 
They did not hesitate to shoot people who objected to their 
acts or inquired into their doings. Mr. Spring, an honor- 
able Kansas historian, says : "The gang contained men of 
the most desperate and hardened character, and a full recital 
of their deeds would sound like a biography of devils." The 
people of Lawrence could not drive them out or put a stop 
to their maraudings, and so their course of robbery, rapine 
and murder went on. The depredations of these men, the 
campaign of Lane into Missouri some time before, and the 
troubles dating back to 1854, led to the awful destruction of 
Lawrence on August 21, 1863. Quantrell, who led the raid, 
once lived in Lawrence — "a dull, sullen, uninteresting knave" 
— and, just as the war began, was driven from the town to 
Missouri for some misbehavior. He now returned at the head 
of a band of Missouri bushrangers. They rode quietly into 
Kansas, traveled forty miles the night before the massacre and 
reached Lawrence at daybreak, one hundred and seventy-five 
strong. Armed with revolvers, they were commanded to "kill 
every man and burn every house." With a wild cry, like that 
of savage Indians, they dashed through the sleeping and de- 
fenseless town, killing men indiscriminately, but especially 
butchering all Red Legs to l3e found. In the meantime they 
shouted — "We are here for revenge, and we have got it!" 
Stores, banks, hotels, and dwellings thev rifled and then set 



FROM 1862 TO 1864. 515 

them on fire, and of the dead one hundred and eiohty-three 
were counted; and from this sickening scene— the town in 
flames, the principal streets Hned with corpses, many of them 
charred and blackened— the guerrillas galloped away, easily 
evading Major (late Senator) Plumb with two hundred and 
fifty Union troops, whom they passed on the way and escaped. 
"Order No. 11" was four days later issued for the purpose 
of taking reprisals for this raid on Lawrence, and making it 
impossible for such men to live in border counties. 

189. Order No. 11.— On August 25, 1863, General 
Thomas Ewing, of the Eleventh Kansas Infantry Volunteers, 
issued from his headquarters at Kansas City an order which 
has become famous as "Order Xo. it." and which shows the 
biting misery the people then had to endure on account of 
the fratricidal war which was being carried on, not by great 
generals and brave soldiers in open and honorable battle, but 
by roving bands of guerrillas of both armies, whose purpose 
was to murder, rob, and despoil, almost as much as to main- 
tain the authority of the .Union or establish the authority of 
the Confederacy. Order No. 11 commanded all persons then 
living in the counties of Cass, Jackson and Bates, except those 
living in the principal towns, to remove from their places of 
abode within fifteen days. All persons who could show to 
the nearest military commander that they were loyal citizens, 
were permitted to move to the military stations or to Kansas. 
All other persons were to move entirely out of these counties. 
Their grain and hay were to be taken to the nearest military 
station, where the owners were granted certificates showing 
their value, and all produce not so delivered was to be de- 
stroyed. The military commanders were directed to see this 



5l6 HISTORY OF MISSOURI. 

order promptly obeyed, and they did so with dire earnestness. 
The whole district soon presented a scene of desolation rarely 
eqnaled. Cass was almost wholly depopulated. Of its ten 
thousand inhabitants only about six hundred remained in the 
county, and these were gathered at the military stations of 
Harrisonville and Pleasant Hill. There was also an immense 
destruction of property. Immediately after the close of the 
war it was estimated that at least one-third of the houses had 
been burned and one-half of the farms laid waste. In Bates 
results were still worse. Within fifteen days nearly every in- 
habitant had crossed its border, and for three years its his- 
tory was a blank. During these years the prairie fires swept 
over the land, adding to the desolation, and when, in 1866, the 
older inhabitants returned, not a vestige of their old homes 
was left save the blackened chimneys rising above the rank 
weeds. From these reasons these counties were, for a score 
of years, known as "The Burnt District." A member of Gen- 
eral Ewing's staff was Colonel George C. Bingham, who op- 
posed the issuing of this order, and begged Ewing not to 
issue it. When Ewing persisted, he became defiant and told 
him if he did so he would make him "infamous." Being one 
of the finest artists in the State, after the war closed he painted 
''Order No. 11." The painting became very celebrated, was 
copied, and can to this day be found in some Missouri homes. 
But as soil can not be destroyed, after the unhappy conflict 
had closed, many old soldiers from either army settled in 
these counties, and to-day they are among the most properous 
in the State. 

190. Price's Raid. — General Price, since the battle of 
Pea Ridge, had been in Arkansas and the South. Early in 



FROM 1862 TO 1864. 517 

September, 1864, he started upon a bold dash throui^h the State, 
which has been known as "Price's Raid." He entered south- 
eastern Missouri with a large force. At Pilot Knob he met 
General H. S. Ewing with twelve hundred men, who gallantly 
held his position for a time, then spiked his guns, blew up 
his magazine, and retreated to RoUa to join his forces with 
General McNeil's. His loss had been about ten men, while 
Price's had been several times that number. The Union 
forces from every part of the State were now concentrated at 
Jefferson City to defend the capital, and the whole was in 
command of General Brown, ably re-enforced by General Clin- 
ton B. Fisk from north of the river, and General McNeil from 
Rolla. Price moved rapidly in that direction, burning the 
bridges behind him so as to impede pursuit. On October 5 
he met the outposts of the Union army at the Osage river, 
under command of Major A. W. Mullins and Colonel John 
F. Philips. They gradually fell back with slight skirmish- 
ing as he approached. Price soon found the capital well 
intrenched, and a large army prepared to resist any attack. 
He therefore moved onward towards Boonville and Lexington, 
hotly pursued by General A. J. Smith. Soon a very heavy 
Union force, under command of General Pleasonton, was in 
pursuit of Price, whose army was now being rapidly increased 
by recruits. In Saline county he sent General Jo. Shelby and 
General John B. Clark, Jr., to attack Glasgow, on the opposite 
side of the river in Howard county, which they easily captured. 
At Little Blue creek in Jackson county, he encountered Gen- 
eral Curtis, and a sharp contest for a few hours was waged, 
when Curtis fell back. But on the twentieth his forces were 
defeated at Independence by Pleasonton. Price had been dis- 



5l8 HISTORY OF MISSOURI. 

appointed in the small number of recruits he had gathered. 
The number had not been over six thousand and the raid had 
accomplished nothing, and so he hastily retreated to Arkansas, 
his troops on the way undergoing the greatest hardships for 
lack of food and water. He entered the State no more till 
the war was ended. But during the raid he had marched 
1,434 miles, and engaged in forty-three small ]3attlcs and 
skirmishes. 

191. Other Engagements. — The war was now over. 
But it would be a mistake to suppose because Price was out- 
side the State during the greater part of the war, that there- 
fore there was peace and order. The important battles have 
been mentioned, but this was not all the war nor the greater 
part of it. According to the official records, between the 
time of the capture of the Government arsenal at Liberty, on 
April 20, 1 86 1, and the twentieth of November, 1862— a 
period of nineteen months — over three hundred battles and 
skirmishes had been fought within the State. During the 
next two years it is estimated there were one hundred and 
fifty more, but they were relatively more destructive of life. 
So here is a total of four hundred and fifty small battles and 
skirmishes for the entire war, an average of four for every 
county in the State. North of the river these engagements 
were mostly between the State or Enrolled Militia, and regu- 
larly enlisted Confederates who were attempting to make their 
way south to join the Confederate army. It was to prevent 
them in this attempt that these skirmishes were fought. But, 
nevertheless, many of them "went south," as it was then de- 
scribed, and fought on till peace was established. Most of 
them went after the battle of Pea Ride:e, from which time the 



FROM 1S62 TO 1864. 519 

State was practically under the control of the Union author- 
ities, and no Confederate army of any consequence was in the 
State till the time of Price's raid, nearly two years and a half 
afterwards. 

192. The Number of Soldiers. — But the number of 
these men that "wxnt south" was not as large by far as is 
usually supposed. The entire number that enlisted during 
the last three years of the war was less than twenty thousand. 
Add to these the ten thousand who had joined Price east ot 
the Mississippi, and ten thousand for those who either returned 
home after the battle of Pea Ridge, or had prior to that time 
served as State Guards, and the number is swelled to the 
grand total of forty thousand men, which w^ill include all the 
soldiers that Missouri furnished to Jackson and the Confed- 
erate service. But the number of Union enlistments reached 
the magnificent array of 109,111 men, which was thirty-three 
thousand more than the number furnished by Iowa, eighty- 
nine thousand more than by Kansas, and three- fourths as many 
as by Massachusetts, and is an undeniable answer to all asser- 
tions that Missouri was ever disloyal to the Union. Of these 
one hundred and nine thousand one hundred and eleven, eight 
thousand were negroes who had formerly been slaves. The 
Provisional Government of which Governor Gamble was the 
head, had been so successful in managing the affairs of the 
State that it established order over a great part of it, and 
answered every call made by the national authorities upon 
Missouri for men, without a draft and with a small expendi- 
ture of money. The number of Union soldiers was forty- 
seven per cent of the entire number of men of military age, 
and the number furnished both armies was sixty-four per 
cent of those subject to military duty. These figures become 



520 



HISTORY OF MISSOURI. 



more instructive when it is remembered that' in i860 Mr. 
Lincoln obtained only ten per cent of the State's vote. 

193. Hamilton R. Gamble. — Governor Gamble having 
died on January 31, 1864, Lieutenant-Governor Willard P. 
Hall became Governor, and acted as such until January, 1865. 
Hamilton R. Gamble was born in \'irginia, in 1798, and was 
of Irish descent. He- was educated at Hampden-Sidney Col- 
lege. Before he was of age he was admitted to the bar in 
three States. In 1818 he moved to Franklin, Howard county, 
and was shortly afterward appointed prosecuting attorney. In 
1824, Governor liates appointed him Secretary of State, which 

required him to move to St. 
Charles, the then capital. 
Soon afterward, on the death 
of Hates, he settled in St. 
Louis and made that his home 
till his death. After he took up 
his home there he soon estab- 
lished a reputation as a great 
law}'er, and from that time on 
was connected with almost 
every important suit pending 
in the St. Louis courts — fol- 
lowed them to the Supreme 
Court of the United States, 
argued them in person and 
obtained a high reputation as a jurist. In 1846 he was 
a member of the Legislature. In 1852 he became Chief Jus- 
tice of the Supreme Court, and served for three years, being 
at the time a Whig. When the important question of seces- 
sion was submitted to the people, he earnestly and ably es- 




IIAMILTON R. GAMl'.LE. 



FROM 1862 TO 1864. 521 

pouscd the cause of the Union, and was elected without oppo- 
sition to the Convention which was to decide Missouri's course 
during the war, and was made chairman of the committee on 
Federal relations, and wrote the report against secession which 
w'as adopted. When Claiborne Jackson was deposed as Gov- 
ernor, he was elected to the office of Provisional Governor by 
the Convention. He assumed the duties of Governor August 
I, 1 86 1, and exercised them till his death. He was chosen for 
only one vear, but by a vote of the Convention, in June, 
1862, he was to continue in office till after the election in 
November, 1864. His powers as Governor were great, but 
he exercised them with a steadfast purpose to restore peace. 

Questions on Chapter XVII. 

1. What was order No. 24? (183) 

2. How did Engler try to escape it? (183) 

3. Did any one except Hallet try this method of raising 
money? (183) 

4. Describe the battle of Pea Ridge. (184) 

5. What did Price now do? (185) 

6. How many men followed him? (185) 

7. What is said of the State militia? (186) 

8. Mention some of the prominent officers. (186) 

9. What is said of Missourians in opposing companies? (187) 
10. What is said about the Red Legs? (188) 

ir. What is said of Qiiantell? (188) 

12. And of the sacking of Lawrence? (188) 

13. What counter movement did General Ewing make? (189) 
-14. What was order No. 11? (189) 

15. What were its effects? (189) , 

16. What is said of Bingham and his picture? (189) 

17. Describe Price's raid. (190) 

18. What was accomplished by it? (190) 

19. What is said of the number of engagements? (191) 

20. Plow many Missourians in the State Guard and in the Con- 
federacy? (192) 

21. How do you arrive, at this? (192) 



52: 



HISTORY OF MISSOURI. 



22. How many on the Union side? (192) 

23. What percentage of the population? (192) 

24. Give sketch of life of Gamble. (193) 



CHAPTER XVIII. 



THE ADMINISTRATION OF GOVERNOR 
FLETCHER. 

194. Thomas C. Fletcher became Governor January 
2, 1865, and served till 1869. He was the first Republican, 
the first native-born, and the youngest, Governor of Missouri 
up to that time. He received 71,531 votes, and his Demo- 
cratic opponent, Thomas L. Price, received 30,406. He was 
born in Jefferson county, January 22, 1827, and in early 
life received a limited education. This defect he remedied by 

hard and persistent study 
while serving as deputy clerk 
of the courts of his county. 
Afterwards he was elected 
clerk of these courts, and in 
1856 was admitted to the bar. 
In i860 he advocated the elec- 
tion of Mr. Lincoln, and soon 
afterwards warmly indorsed 
the course of Lyon and Blair. 
He recruited the thirty-first 
Missouri regiment of infantry 
and was made its colonel ; 
THOS. c. FLETCHER. ^,^g wouuded and captured, 

and in 1864 was nominated for Governor and elected. 




THE ADMINISTRATION OF FLETCIIKR. 523 

195. The Constitution of 1865.— riic (icncral Assem- 
bly had submitted to the people, at the' election in 1864, a 
proposition for a Convention to amend the Constitution. It 
was voted to have the Convention by a majority of twenty- 
nine thousand, and sixty-six delegates were elected thereto. 
It met in the IMercantile Library hall in St. Louis, in January, 
1865, and elected Arnold Krekel president, and Charles Drake 
vice-president. It in time framed a Constitution wdiich never 
had a parallel in America for its rigid severity. It became 
known in history as the "Drake Constitution,'' because 
Charles D. Drake was the leading spirit in the Convention, 
and from this fact and its extreme severity, has been called 
the "Draconian Code," in comparison to the laws of Draco 
of Greece, \vhich afTixed the penalty of death alike to petty 
thefts and murder, Draco justifying this by saying small 
offenses deserved death, and he knew no greater punishment 
for worse ones. 

136. Manumission Day.— The Convention, on Janu- 
ary II, 1865, passed an ordinance which declared that "here- 
after in this State there shall neither be slavery nor involun- 
tary servitude, except in punishment of crime whereof the 
party shall have been duly convicted, and all persons held to 
service or labor as slaves are hereby declared free." This 
ordinance received an overwhelming majority on final pas- 
sage, sixty delegates voting for it and only four against it. 
The Convention refused to submit this ordinance to the peo- 
ple by a vote of forty-four to four, and Governor Fletcher 
the next day issued his proclamation that "henceforth and for- 
ever no person shall be subject to any abridgment of liberty, 
except such as the law shall prescribe for the common good, 



524 HISTORY OF MISSOURI. 

or know any master but (jocl." An effort was also made in 
the Convention to ''pay lo^al owners for their slaves," but 
this, too, failed by a vote of forty-four to four. This ordi- 
nance was passed January ii, 1865, and for that reason this 
day has since been known as Manumission Day. But for a 
number of years there had practically been no slavery in Mis- 
souri, the slave owners making little or no efforts to restrain 
their slaves. There had been 114,031 of them in i860, and 
before the war ended many thousands had either gone off to 
other States or enlisted in the army. 

197. The Test Oath.— The action of the Convention 
in passing the Manumission Act was not objected to by the 
people, although the Convention had no authority to declare 
it to be in force until it had been either adopted by two suc- 
cessive legislatures or approved by the votes of the people. 
However, had the Convention stopped at this, no one would 
have thought of calling its declarations the "Draconian Code." 
But it went further and prescribed a "test oath," which pre- 
vented at least one-third of the people from voting till 1872, 
and almost as many more would have been disfranchised had 
they sworn strictly to the truth when they came to take that 
oath. This test oath declared that no person should vote or 
hold any kind of office, who had *'ever" engaged in hosilities, 
or given aid, comfort, countenance or support to persons en- 
gaged in hostilities, against the Government of the United 
States ; or had given money, goods, letters, or information to 
its enemies, or by act or word manifested his adherence to 
the cause of such enemies, or his sympathy with those en- 
gaged in carrying on rebellion ; or had ever been in anywise 
connected with anv societv unfriendlv to such Government ; or 



THE ADMINISTRATION OF FLETCIJlvR. 525 

had ever knowingly harbored, aided or countenanced any per- 
son engaged in guerrilla warfare ; or had ever done any act 
to prevent being enrolled in the military service of the Union 
or the State. Any person who had done any of these things, 
or any other thing like them, could not vote, teach in any pub- 
lic or private school, practice law, preach the Gospel, "or be 
competent as a minister of any religious denomination, to 
preach, teach, or solemnize marriage, unless such person shall 
have first taken said oath." It did not only require allegi- 
ance and loyalty to the Union from that time on, which would 
have been a just and wise provision, but it applied to all men 
who had ever borne arms against the United States, or had 
sympathized at any time with those who did take up arms, 
or had done them acts of common kindness, or had refused 
to bear arms for the national Government. All citizens at- 
tempting to teach or preach without taking this oath were 
to be fined not less than live hundred dollars, or committed 
to prison not less than six months, or both ; and if they 
falsely took it, they w^ere to be tried for perjury and pun- 
ished by imprisonment in the penitentiary. 

198. A Retrospective Law. — An effort was made in 
the Convention to change the words "has ever" been guilty 
of the things recited as oft'enses in the oath, to "who has since 
December 17, 1861," been guilty of them. This was done 
for a very just reason. On August 3, 1861, Governor Gam- 
ble issued a proclamation in which he promised that all citi- 
zens in arms who would return to their homes, and become 
peaceable and loyal, should not be molested. This proclama- 
tion w^as indorsed by President Lincoln, who promised to 
such persons the protection of the national Government. Be- 



526 HISTORY OF MISSOURI. 

sides, the Convention of 1861 had, in October of that year, 
promised that all persons who would obey this proclamation 
and take an oath of allegiance to the Government before De- 
cember 17, 1861, should not be punished "for offenses pre- 
viously committed." Many citizens in the State had there- 
upon taken such an oath of allegiance. Others had returned 
from Jackson's support and become loyal citizens. It was but 
just that good faith should be kept with these men, and that 
the "test oath" should not be made to apply to them. But 
the Convention thought otherwise. The iron-clad oath was 
made to apply alike to all time, past and future. 

199. Ousting the Officers. — The Convention, on March 
17, 1865, passed an ordinance vacating the oft'ices of the 
judges of the Supreme Court and of all the circuit courts and 
all the county oft'ices. The ordinance was to take effect May 
I, and was never submitted to the people. It gave the Gov- 
ernor the power to fill all these offices by appointment. Many 
of the terms of the officers, all of whom had been elected 
by the people, had not expired, notably those of the Supreme 
Court judges. They had been elected for a term of six years, 
and had served not more than fifteen months. The reason 
assigned for this wholesale removal was that only loyal men 
should be in office. This was delusive, for Governor Hall 
in his last message on the twenty-ninth of December previous, 
had announced that "all of the civil offices of the State are 
filled with men of avowed loyalty." The real reason was to 
get rid of the Supreme Court judges. But there were great 
obstacles in the way of their removal. By the old Constitu- 
tion, which was the supreme law until replaced by a new one, 
they could be removed only by the Legislature, which would 



THE ADMINISTRATION OF FLETCHER. 527 

not meet till January. By that time the Supreme Court might 
set aside the test oath and other portions of the Constitution. 
That method was too slow. The power of removal had not 
been granted to the Convention when the people elected their 
delegates. It could be assumed only in violation of the old 
Constitution, which had been in eftect since 1820. It was as- 
sumed, and with one fell sweep the offices of all judges and 
all county offices were vacated. 

200. Defeat Forestalled. — The Convention agreed to 
submit their Constitution to the people for indorsement. But 
to make sure that it would not be rejected, they also passed 
an "ordinance" declaring that no one should vote for or against 
it who would not first take the test oath. In order to be 
sure that none took the oath falsely, a system of registration 
of voters was provided for. The registering officer was given 
the power to pass upon the qualifications of all persons to 
vote, and if he deemed any of them could not truthfully take 
this oath, he refused to enter their names upon the poll books. 
Yet, after these extreme precautions, the Constitution was 
adopted by the people by a majority of only about 1,800 out 
of a total vote of 85,000, which was 55,000 less votes than 
were cast for and against having the Convention the previous 
November . The election was held Tune 6, 1865. 

201. Enforcing the Ousting Ordinance. — The Ameri- 
can people have always been quick to resent any interference 
b}- a legislative body with the judiciary, especially when it 
partakes of partisan politics. This ''ousting ordinance" was 
no exception to the rule. It gave great offense to a large 
number of persons, and assisted in driving them to the side 
of the reactionary current of feeling then rapidly setting in. 



528 HISTORY OF MISSOURI, 

The enforcement of the law against the Supreme Judges was 
resisted by two of the judges, W. V. N. Ba}- and J. D. S. 
Dryden. Judge Bates had resigned. Soon after the ordi- 
nance was passed Governor Fletcher appointed David Wag- 
ner, Nathaniel Holmes and W. L. Lovelace Supreme Judges. 
Judges Bay and Dryden declared the law without proper au- 
thority and refused to vacate. Governor Fletcher, therefore, 
directed the police of St. Louis to arrest them and forcibly 
eject them from the court. This was done, and they were 
taken before a criminal court of the city for disturbing the 
peace, and never afterwards attempted to resume their offices. 

202. The Results of the Draconian Code.— A most 
violent proscription followed the enforcement of this "test 
oath." "Tens of thousands of old and honored citizens, men 
of education and influence, who had taken no part in the war, 
were denied the right to vote, and that, too, on the adoption 
of an organic law which was to govern them and their chil- 
dren after them." But, hard as this was, it is not to be com- 
pared to the further penalty of the law wdiich forbade them 
to preach, teach, practice law or follow other simple employ- 
ments. Their only remaining rights seemed to be, as they 
were plainly told, "to pay taxes, work the roads and hold 
their peace." In St. Louis, Francis Preston Blair, who had 
done more than any other man to keep Missouri in the Union, 
was denied the privilege of voting because he refused to take 
the test oath. He filed an oath that he had been loyal ever 
since the adoption of the Constitution, and he would full and 
true allegiance bear to the State and National governments 
thereafter; but claimed the judges of election had no right 
to inquire as to his conduct prior to the time the Constitution 



THE AUMINISTRATIUN OF FLETCliER. 5^9 

was adopted. lie brought suit iu the Supreme Court t(j coui- 
pel the electiou otTicers to receive his 1)allot. It decided 
against him. 

The Missouri Baptists at their annual State meeting, fifty 
delegates being present, agreed to decline to take the oath, 
even if they had to give up preaching to do so. They de- 
clared it interfered with religious libertv, with freedom of 
the worship of God and was contrary to the Federal Consti- 
tution. The Catholic archbishop informed the clergy they 
could not take the oath without a surrender of religious lib- 
erty. Some men, who believed the dictates of conscience more 
binding upon them than this "code," undertook to preach the 
Gospel anyhow. For doing so they were indicted as crim- 
inals. Fourteen ministers were indicted at Palmyra at <i 
single session of the circuit court. At other places men were 
indicted 104 times a year for no greater crime than preaching 
the glad message of salvation ; a much greater number w^ere 
indicted a less number of times ; a few^ were consigned to the 
common jail. These were not bad and quarrelsome men, but 
as good, able and peaceable as could be found in the State, 
and clergymen of both Protestant and Catholic churches. In 
Cape Girardeau county three Sisters of Charity were dragged 
into court and tried for teaching without having taken this 
iron-clad oath, but the jury refused to convict them. At 
Louisiana, the Rev. J. A. Cummings, a priest in the Catholic 
church, was convicted in the circuit court. His crime was 
teaching and preaching without having taken the oath referred 
to. There was no evidence that Mr. Cummings had been 
guilty of any act of disloyalty, or that he had at any time 
a disloyal thought or sympathy. He w^as not so charged. He 

34 



530 HISTORY OF MISSOURI. 

was charged only with preaching and teaching without hav- 
ing taken the oath, which had he taken falsely, however loyal 
he was then and thereafter, would have made him liable to 
imprisonment in the penitentiary. lie was convicted, sen- 
tenced to pay a fine of five hundred dollars and to be com- 
mitted to jail till the fine and costs were paid. He appealed 
his case to the Supreme Court of the State. It decided against 
him. Then he appealed to the .Supreme Court of the United 
States, and it set the test oath aside as contrary to the nation's 
Constitution. That court declared it to be an cs post facto 
law. It said no State was permitted to enact a law which 
punished men for offenses committed before the law was 
passed. After that decision, indictments ceased for preach- 
ing the Gospel and practicing law and pursuing other em- 
ployments. These indictments had in but few cases been fol- 
lowed by fine and imprisonment. Final action had been taken 
in but very few of them, the courts in most cases delaying 
trial in the matter till the national Supreme Court should 
decide the Cummings case. When that decision was made 
in favor of the preachers, teachers and lawyers, the indict- 
ments were never again called up in court, and never again 
heard of. 

203. Registration Act. — The Supreme Court of the 
United States had, by its decision in the case of J. A. Cum- 
mings and in that of Francis P. Blair, set aside all that part 
of the test oath which disfranchised so many men. Since 
then some of the strongest Union men in the State had set 
themselves against it, including such prominent citizens as 
Francis P. Blair, John S. Phelps, B. Gratz Brown, Carl 
Schurz, Samuel T. Glover. John F. Philips, James O. Broad- 



THE ADMINISTRATION OF TLKTCliER. 531 

head, and Willard P. Hall. The movement had gained i^reat 
monientum, but still its opponents had a majority in the 
Legislature. At the session of 1868 it was therefore deter- 
mined to again make an attempt at general proscription. A 
very stringent registration law was passed. It gave the Gov- 
ernor power to appoint superintendents of registration in each 
senatorial district, who in turn appointed three registers in 
each county. These four officers were authorized to make 
a list of all the legal voters in the county. They were for- 
bidden to enroll any person w4io would not take an oath of 
loyalty, and besides were given the power to refuse to enroll 
any others than those they chose. In many counties they 
chose to refuse half the citizens. In some cases wealthy can- 
didates for office influenced the registers to enroll their fol- 
lowers, and to decline to enroll their opponents. No one was 
allowed to vote whose name was not enrolled by these regis- 
ters. This law, perhaps, disfranchised more voters than the 
original "test oath," It was made a principal issue in the 
campaign of 1868, and the canvass was attended with bitter- 
ness and often violence. 

204. The Election of 1868.— The Republican candi- 
date for Governor was Joseph W. McClurg of Camden county. 
The Democratic candidate was John S. Phelps of Springfield. 
McClurg's majority was 19,000, and the whole vote cast was 
145,000. E. O. Stanard, of St. Louis, was elected Lieutenant- 
Governor. 

Questions on Chapter XVIII. 

1. Wliat is said of Thomas C. Fletcher? (194) 

2. What proposition did the Legislature submit to the people 
at the election of 1864? (195) 



532 HISTORY OF MISSOURI. 

3. When did this Convention meet and who was its presi- 
dent? (195) 

4. What is said of the constitution it framed? (195) 

5. What action did this Convention take toward manumitting 
slaves? (196) 

6. What did it avail? (196) 

7. How was it received by the people? (197) 

8. To what persons did the test oath deny the ballot? (197) 

9. What else did it deny them? (197) 

10. What penalties did it prescribe? (197) 

11. To what time was it attempted to limits its proscriptions? 
(198) 

12. Why was this done? (198) 

13. How had the President indorsed this proclamation? (198) 

14. Who else indorsed it, and how? (198) 

15. What about 'a State that violates its promises? (198) 

16. What action did the Convention take toward ousting of- 
ficers? (199) 

17. On what grounds? (199) 

18. What had Governor Hall to say about this? (199) 

19. What was the real reason for ousting the officers? (199) 

20. How did the Convention forestall defeat? (200) 

21. What w^as the result of the election? (200) 

22. How was the ousting ordinance enforced? (201) 

23. ]\Iention some results of the Drake Constitution. (202) 

24. How w^as Frank Blair treated? (202) 

25. What course did he pursue? (202) 

26. What course did the Missouri Baptists pursue? (202) 

27. What did the Catholic archbishop do? (202) 

28. How about the indictment of preachers? (202) 

29. Recite the details in the trial of J. A. Cummings. (202) 

30. How did the U. S. Supreme Court regard this law? (202) 

31. What prominent men led the opposition to the test oath? 
(203) 

32. How did its friends determine upon neutralizing the U. S. 
Court's decision? (203) 

S3. What is said of this Registration Act? (203) 
34. How did the election of 1868 result? (204) 



CHAPTER XIX. 

McCLURG'S ADMINISTRATION. 

205. Joseph W. McClurg was born in St. Louis county^ 
February 22, 1818, and was educated at Oxford, Obio. He 
taugbt scbool in Ohio and Louisiana, and was deputy sberiff 
in St. Louis before he was 
twenty-one. Two years 
later be was Hcensed to 
practice law, but soon af- 
terwards engaged in mer- 



chandising 
county. 



in C a m d e n 
When tbe war 



came on be took positive ^^ 
and enthusiastic grounds r^ 



for tbe Union. He entered 
Congress as a Republican, 
in 1862 and served till Jan- 
uary, 1869, when be re- 
signed to become Governor 
of Missouri. He was again 




JOSEPH W. McCLURG. 



a candidate in 1870, but was defeated. 

206. Suffrage for Slaves. — Tbe Legislature bad in 1867 
agreed by a large majority to submit to tbe people an amend- 
ment to tbe Constitution granting to former slaves and their 
descendants tbe privilege of voting. Tbe amendment was 
voted on at tbe election in November, 1868, and was defeated 

(533) 



534 HISTORY OF MISSOURI. 

by nearly nineteen thousand majority. But on January 7, 
1870, the question again came before the Legislature in the 
15th amendment to the Constitution of the United States, 
which the Legislature adopted by about a two-thirds vote of 
both houses, and as the President soon afterwards proclaimed 
that the legislatures of three-fourths of the States had adopted 
the amendment, these people were thus given the privilege 
of voting. This was before the ballot had been restored to 
those who were disfranchised by the Drake Constitution and 
the registration act. 

207. Repeal of Prescriptive Tests. — The same Legis- 
lature, however, agreed to submit to the voters an amendment 
to the Constitution abolishing the test oath and restoring the 
ballot to former Confederates, Southern sympathizers and all 
other male citizens ; and relieving them of other proscriptive 
penalties. This was voted on in November, 1870. A very 
warm and earnest campaign preceded the vote. The Repub- 
lican party disagreed in regard to what should be done with 
the great number of disfranchised citizens. Many were in 
favor of postponing the giving of the ballot to these men. 
These were called "Radical Republicans." But an equal num- 
ber believed in entire removal of all political disabilities at 
once. They were called "Liberal Republicans." The Repub- 
licans met in Convention in Jefferson City in August, 1870, 
and voted to adhere to the Radical Republican doctrine, by 
a vote of 349 to 342, and nominated Joseph W. McClurg, the 
then Governor, for re-election. The Liberal Republicans with- 
drew from the Convention, adopted a platform for immediate 
re-enfranchisement, and nominated B. Gratz Brown for Gov- 
ernor. The Democrats declined to nominate State officers, but 



MCCLURG S ADMINISTRATION. 535 

supported the Liberal Republican ticket. Mr. Brown was 
elected by forty-one thousand majority, and the people voted 
to repeal the ])roscriptive tests by a majority of one hundred 
and eleven thousand, there being only about sixteen thousand 
votes against the proposition. J. J. Gravelly was elected Lieu- 
tenant-Governor. The Liberal Republicans and Democrats 
had also obtained a majority in both houses of the Legislature, 
and they Went to work at once to repeal all obnoxious laws, 
and restore to every man equality before the laws, and remove 
all political disabilities from all. As a result, at the election 
in 1872 the vote was 112,276 greater than it was in 1870, an 
increase of sixty-seven per cent in two years. By this fact 
we can arrive at an estimate of the number disfranchised. Of 
this increase it is not proper to count the negro vote, because 
the 15th amendment to the national Constitution, bestowing 
on negroes the right to vote, became a law of the nation prior 
to the election of 1870. It is possible, however, that twenty- 
five per cent of the increase, or twenty-eight thousand, were 
immigrants and }oung men now for the first time old enough 
to vote. This would leave eighty-four thousand men who 
had been disfranchised by the sweeping proscription of the 
Drake Constitution — more than twice as many as ever took 
up arms as State Guards or Confederate troops. 

208. Peace. — The restoration to citizenship was wise 
and just. Whatsoever good reason there might have been 
for denying to so many citizens the right to vote and follow^ 
their chosen employments in 1865, it could not be urged that 
the conduct of these men had been such as to make it unsafe 
to trust them with full and equal citizenship within a few 
years after the war had closed. Their conduct was as peace- 



536 HISTORY OF MISSOURI. 

able and orderly as that of any class of men in the State. Not 
even did the preachers, teachers and lawyers, -after the United 
States Supreme Court had restored to them the privilege of 
following their chosen pursuits, make harsh or disloyal as- 
sertions in public. Political subjects were rarely spoken of in 
the pulpit or school. The great mass of these men had quietly 
returned to their homes, controlled by a desire for peace and 
to submit in good faith to the authority of the Union. They 
had gone diligently to work at whatever employment was open 
to them, to regaining their lost fortunes, rebuilding their burnt 
houses, and re-establishing themselves in the land whose fruits 
they had enjoyed before the war. Nothing is to be feared 
from such men, and now that the duty was upon them again 
to maintain the Union they loyally and honestly undertook 
to do so. 

Questions on Chapter XIX. 

1. Give sketch of the life of Joseph McClnrg. (205) 

2. How did the people vote on the question of giving the 
ballot to former slaves and their descendants? (206) 

3. But what course did the Legislature pursue? (206) 

4. Describe the split in the Republican party. (207) 

5. What was the result of the election? (207) 

6. What majority did Brown secure? (207) . 

7. What was the majority for removing proscriptive tests? 
(207) 

8. What was the increase of the vote two years later? (207) 

9. What do these figures show? (207) 

10. What about the restoration of citizenship to all? (208) 

11. How did the preachers lawyers, teachers and other dis- 
franchised persons behave? (208) 



CHAPTER XX. 



THE ADMINISTRATION OF GOVERNOR BROWN. 

209. Benjamin Gratz Brown, the twentieth Governor, 
served from January, 1871, to 1873. He was born at Lexing- 
ton, Kentucky, in 1826, and was a descendant of much-honored 
famiUes of A'irginia and 
Kentucky. He received 
the best of schooling in his 
native State and graduated 
at Yale College at the age 
of twenty-one. He came 
to Missouri in 1849, set- 
tled in St. Louis, and be- 
gan the practice of law, 
but abandoned it in a 
year or two. In 1852 he 
was elected to the Legis- 
lature and was re-elected 
in 1854, both times as a 
"Free Soil" candidate. In b. gratz brown. 

1854 he became editor of the Alissouri Democrat, and con- 
tinued as such till the breaking out of the war, with great 
ability and reputation. Early in the war he raised a Union 
regiment, became its colonel, and bore himself as a gallant and 
brave officer in the campaign in southwest Missouri. In 1863 
he was elected to the United States Senate by the radical 
emancipationists, and served till 1867. In 1866 he led the 

(537) 




538 HISTORY OF MISSOURI. 

opposition to the test oath proscription. In 1870 he was 
nominated for Governor by the Liberal Repubhcans, was 
elected and served two years. Then he returned to St. Louis, 
resumed the practice of law and gained distinction at the bar. 
In 1872 he was nominated by the Liberal Republicans for 
Vice-President along- with Horace Greeley for President, and 
was defeated. He was an excellent Governor, and did much 
to bring about peaceable and kind feelings between the dis- 
cordant elements created by the war. He died in St. Louis, 
respected, honored and loved as a good and true man. 

210. Peace and Prosperity. — As the people got away 
from the war and began to study the lessons it had taught, 
the better side of mankind again showed itself. A general 
desire for peace grew stronger and stronger. A purpose to 
restore order, to re-establish prosperity, to retrieve broken for- 
tunes, w^as manifest everywhere. Many a noble estate had 
been swept away by the fell hand of cruel war. Many a rich 
plantation had been laid waste, many a comfortable farm- 
house had been burnt, cattle and horses and all kinds of stock 
had been seized and driven from the land, confidence was de- 
stroyed, and deep feelings of resentment had laid hold on those 
fomierly neighbors. But now that it was all over, that the 
cause was gone, these feelings gave way to higher and better 
and more manly ones, and the determination was sure and 
settled that the war should be over forever. Men began, in 
their cool and quiet labors, to see that they could honestly 
differ about even such a thing as war. This was followed by 
peace and mutual confidence, and now again the woodman's 
axe was heard in the forests, the plow was set deeper into the 
soil, and the grain ripened in the fields, was garnered and 



THE ADMIN IS'IKATTON OF BROWN. 539 

sold in the open market. A few malevolent spirts still sulked 
abroad, but the great body of the people — Union and Con- 
federate soldier, Northerner, Southerner, foreigner and native 
alike — united in action and feeling in intellectual and moral 
upbuilding. While the war had lasted many of the schools 
were closed, till at one time there were only 1,200 open. By 
1870 this number had increased to 5,000. Population had de- 
creased from 1,182,000 in i860 to about 900,000 in January, 
1865. Now, in 1870, it was, 1,719,000, according to the 
United States census, but in fact it was somewhat smaller. The 
taxable wealth had almost doubled within the four years prior 
to 1870. Tens of thousands of immigrants, mostly from the 
Atlantic States and from north of the Ohio, had come into 
Missouri and acquired homes. On every side the people were 
fast effacing all traces of the war. 

211. Railroad Difficulties. — ^The Drake Constitution 
permitted counties to subscribe any sum of money to aid in 
building railroads. It unfortunately authorized the count\ 
court to issue bonds binding the county for the payment of 
these subscriptions whenever two-thirds of the qualified voters 
of the county should assent thereto. These courts, in some 
cases,, were composed of characterless or ignorant men, and 
the "qualified voters" were not the people who owned the 
property of the county, and who, therefore, would have to 
pay its bonds, for many of them had been disfranchised, but 
a class of men who were governed more by other motives 
than justice and patriotism. The elections frequently were 
merely formal, only a small per cent of the taxpayers being 
permitted to vote. Dishonest speculators, in a few instances, 
bribed the courts to make the subscriptions without the people's 



540 HISTORY OF MISSOURI. 

knowledge or consent. Bonds to the amount of fifteen million 
dollars and over were issued by the various counties. But the 
roads were never built. Usually, work would be commenced 
on the roadbeds at various places along the proposed routes, 
and kept up with great vigor for a few weeks, and then reports 
would come that the companies had become bankrupt, and 
work would cease. Only partial payments were ever made for 
the work done. 

In the meantime the bonds were run off to New York 
and elsewhere, and, before they had matured, were sold to 
third parties, who paid little or no money for them, but after- 
wards claimed that they were innocent of any knowledge of 
the fraud practiced upon the taxpayers. As the courts had 
the power by law to issue the bonds, the United States 
Supreme Court held they must be paid. As a result, debts of 
several hundred thousand dollars were fastened upon Lafay- 
ette, Cass, Knox, St. Clair and other counties. 

212. Resisting Payments. — Payment of these bonds 
was, in a few cases, made in full ; in others, terms of com- 
promise were agreed upon by which the bond-holders accepted 
fifty or sixty or eighty per cent of the face of the bonds as 
full payment ; but in other cases, where the debts were enor- 
mous and the fraud glaring, payment was resisted. In Cass 
county popular resentment became violent, and at Gunn City 
on April 24, 1872, a large uprising of the people put to death 
three men concerned in issuing the bonds. Judge J. C. Steven- 
son, one of the county judges, and James C. Cline, county at- 
torney, had been indicted for complicity in the fraudulent issu- 
ing of the bonds. On this date they and Thomas Dutro, who 
was one of Cline's bondsmen, were on a train which was inter- 



THE ADMINISTRATION OF JJROW'N. 541 

cepted b\- about three hundred citizens of Cass count}-. They 
were mercilessly shot down, and the train greatly damaged 
bv the infurated people. Popular feeling in Cass and surround- 
ing counties soon became intense. Governor Brown called 
out the militia, and sent General F. M. Cockrell and Colonel 
John F. Philips as special commissioners for the State to urge 
peace and order. These efforts were entirely successful. At- 
tempts were afterwards made to punish the men who assisted 
in the killing, but no jury could be persuaded to convict them. 
Since that time the bond-holders have brought suit against 
these counties in the United States courts, wdiich decided 
against the counties and instructed the county courts to levy 
taxes to pay these debts. But a new set of judges had, in the 
meantime, come into office; men who considered it unjust to 
pay bonds for roads that had never been built. They refused 
to lew the taxes, and were in some instances sent to prison 
for contempt of Federal authority. But they would not order 
the levy, and, when they tired of the attempts to force them 
to do so, they would resign, and their successors pursued the 
same course. By this means the Federal courts were power- 
less to enforce payment, though various attempts were made 
for ten years. But in nearly every county these bonds have 
now been settled by compromise. 

213. Other Railroad Debts.— There were other rail- 
road debts. At different times prior to the w^ar the State 
granted to various railroad companies aid in the construction 
of their roads by issuing State bonds to the amount of about 
twenty-three million dollars. For this aid the companies agreed 
to pay the interest on these bonds as fast as it became due, and 
if they failed to do so the roads w^ere to be forfeited to the 
State. The Hannibal and St. Joseph road paid its bonds. 



542 HISTORY OF MISSOURI. 

which amounted to three miUion dollars, and also the interest. 
But default in the payment of the interest by the other roads 
was made between January, 1859, and July, 1861, and soon 
after the war the Pacific, the Frisco, the Iron Mountain, the 
Wabash and other roads were sold by the State. In addition 
to this there was forfeited to the State and sold along witli 
the roads over one million acres ,of land, which had been 
granted to them by Congress, and pledged to the State a-^ 
payment of this debt. The entire debt at the time of the sale, 
including principal and interest, was over thirty-one million 
dollars, and the State realized from the various sales only a 
little over six millions, so that there remained a debt of twenty- 
five millions, which the State has since had to pay, besides the 
many millions in interest maturing since the sale. These rail- 
road debts have been the source of nearly all the State's sub- 
sequent debts. The original bonds bore six and seven per 
cent interest. But the State went about the work of steadily 
paying the debt, and in 1885 it bought up nearly half of its 
six per cent bonds by new bonds which bore only three and a 
half per cent interest, and thus a great amount of money was 
saved annually in interest alone. The last of the debt was paid 
by 1903 except about $4,300,000, which is now represented 
by "certificates of indebtedness" belonging to the Public 
School Fund and the Seminary Fund. The State pays interest 
on those certificates, which is distributed annually to the pub- 
lic schools and the University. 

214. The Election of 1872.— The Liberal Republican 
movement which began in 1870, and which subsequently spread 
over all the Union, continued. Efforts were made to reunite 
the two discordant factions of the Republican party, but they 
utterly failed. On August 21, 1872, the Liberal Republicans 



THE ADMINISTRATION OF UROWN. 543 

and the Dcnrocrats met in separate conventions in Jefferson 
City to nominate a joint ticket. A committee of conference 
was appointed from each convention, which soon agreed upon 
a fusion ticket. The various offices were divided up between 
the two parties according to their numerical strength. The 
Democrats nominated the candidate for Governor, the four 
Supreme Judges, eight of the Presidental electors, Treasurer, 
Attorney-General and Auditor ; the Liberals named the Lieu- 
tenant-Governor, Secretary of State, Register of Lands and 
seven Presidential Electors. Silas Woodson of Buchanan 
county was the nominee for Governor, and Charles P. John- 
son of St. Louis for Lietuenant-Governor. The two conven- 
tions then came together into one, and indorsed the nomina- 
tions as a whole. In September, the regular Republicans 
nominated John B. Henderson for Governor. At the election, 
Woodson's majority was 35,444, and the entire electoral vote 
of the State was cast for Greeley for President and Brown 
for Vice-President. At the time for the next election in 1874, 
the Liberal Republican movement had disappeared, the vast 
majority of that party having become Democrats, but a few 
reunited w'ith the regular Republicans. 

Questions on Chapter XX. 

1. Give a sketch of the life of B. Gratz Brown. (209) 

2. What is said of him as Governor? (209) 

3. What were some of the effects of the war? (210) 

4. What now was the condition? (210) 

5. What is said about schools and population? (210) 

6. What railroad difficulties are described in section 211? 

7. What was done with these bonds? (211) 

8. How were the debts settled in many cases? (212) 

9. Describe the Gunn City tragedy. (212) 

10. How was order restored? (212) 

11. What about the actions of county judges in some of these 
counties? (212) 



544 



HISTORY OF MISSOURI. 



12. Describe other railroad debts. (213) 

13. How much was the entire debt at one time and what was it 
after the railroads and lands were sold? (213) 

14. What was done in 1885? (213) 

15. How is the rest of the debt now represented? (213) 

16. What is said of parties in 1872? (214) 

17. Who were the candidates and who was elected? (214) 

18. What became of the Liberal Republican movement? (214) 



CHAPTER XXI. 
GOVERNORS WOODSON AND HARDIN. 

215. Silas Woodson was born in Kentucky in 1819. 
He was reared on a farm, attended the "log schoolhonse" in 
the neighborhood, and employed much of his time in read- 
ing and study. He was licensed to practice law at the age 
of twenty-one, and three years later was elected to the Leg- 
islature, and re-elected several 
times in the next twelve years. 
He also was circuit attorney 
for four years. In 1854 he 
came tO' Missouri and settled 
in St. Joseph, where he was 
soon recognized as' a lawyer 
of marked ability. In i860 he 
was elected circuit judge and 
served with acceptability 
through the stormy days of the 
war. He was elected chair- 
man of the Democratic State 
Convention of 1872. He was 
SILAS WOODSON. not then a candidate for Gov- 




GOVERNORS WOODSON AND HARDIN. 545 

crnor. lUit there were six candidates. Three ballots were 
made without any choice, and in the midst of the fourth 
the name of Woodson was proposed as a compromise candi- 
date, and it was received with such enthusiasm that he was 
nominated almost unanimonsly. He was inaugurated January 
8, 1873, and served two years. He filled other honorable 
positions after his term as Governor expired, and died in St. 
Joseph in 1896. 

216. Business Depression. — During the t^rm of Gov- 
ernor Woodson there was the greatest financial depression. 
The crisis was precipitated by the failure of Jay Cooke & 
Company of New York in the spring of 1873. The panic soon 
became general. Every State in the Union felt the bitings 
and gnawings of business failure. In Missouri, bank after 
bank closed its doors, and business was temporarily paralyzed. 
To add to the troubles there was a failure in crops, owing to 
a drought which set in in the summer of 1873 and lasted for 
eighteen months, with very little rain at any time. The Gov- 
ernor, in his message of 1874, said : "Thousands who in days 
gone by have been able, . without serious difficulty or great 
loss, to obtain money with which to pay debts or taxes, can 
not procure a dollar for any purpose, except at the most ruinous 
sacrifices." He proposed to meet the difificulties, as far as 
possible, by cutting down expenditures in all offices, and so 
earnestly did he plead witli the Legislature that it and subse- 
quent sessions reduced state and county expenses nearly one 
half in every branch of the State government except that of 
public education. 

217. The Grange. — The financial troubles of 1873 and 
1874 were in part due to the natural collapse of the reckless 

35 



54^ HISTORY OF MISSOURI. 

speculation which seized upon the people at the close of the 
war, and of the high prices which that war had created with the 
assistance of a very large amount of discredited paper money. 
But a very large part of the people did not accept this as the 
cause, and throughout the west there began to form farmers' 
societies which were called the Grange. Sometimes the order 
was called the Patrons of Husbandry, but it was better known 
by the former name. It spread rapidly throughout the ^^^est 
and s'oon had over a million members, with local societies in 
almost every neighborhood. Many of its members, and most 
of its leaders, were men of integrity, but its great member- 
ship was undobutedly due to the financial troubles of 1873 
and 1874. The order refused to admit lawyers, bankers, capi- 
talists, and merchants as members. It was organized on the 
theory that nearly all financial troubles were due to bad legisla- 
tion, and it proposed to unite all laborers, especially farmers, 
in an attempt to repeal all bad laws and make all necessary 
good ones. This, of course, had been the desire of all good 
citizens from the beginning of the nation, but thoughtful men 
soon concluded that the Grange acted upon the unfair theory 
that its members were entitled to favors in the making of laws 
which were to be denied to other persons. This led much of 
the press in the East, and even in States where the organiza- 
tion was strongest, tO' oppose it, as teaching doctrines which 
would array one class of citizens against another. This oppo- 
sition the Grange met by declaring the unfriendly press was 
dominated by the capitalists and corporations, and hence there 
began to be discordant relations between the order and the 
political parties. 

218. Campaign of 1874. — At the election of 1874 the 
Democratic party nominated Charles H. Hardin, of Audrain 



GOVERNORS WOODSON AND HARDIN. 54/ 

county, for Governor, and Norman J. Colman for Lieutenant- 
Governor. The Republicans declined to make any nominations, 
but the Grange and that party united in what was called the 
People's Party, and nominated William Gentry, an extensive 
farmer of Pettis county, for Governor. The cry of the Granger 
members of the People's Party was ''Reform," by which they 
meant retrenchment in governmental expenditures. But Gov- 
ernor Woodson and the Legislature had already forestalled 
them by passing the laws cutting down expenses, and hence 
few of the Democratic farmers saw any reason to leave their 
party on that account. Hardin v/as elected by a majority of 
37,463, and the 'Democrats elected thirteen Representatives irj 
Congress, the number tO' which the State was entitled. The 
part the Grange had taken in politics at this election caused 
much dissatisfaction among its members, and the 'order soon 
began to lose power, and in a year or two went down almost 
as fast as it had risen. 

219. Charles H. Hardin was born in Kentucky in 
1820, but came with his parents to Alissouri when a mere 
infant. He was reared to manhood in Columbia, and enjoyed 
the advantages of good schools. He afterwards graduated 
with the degree of A. B. from Miami University, in Ohio. He 
returned to Missouri, studied law, located at Fulton, rapidly 
rose in his profession, and soon became known as a laborious, 
painstaking lawyer. In 1848 he became prosecuting attorney 
for the third judicial circuit, which embraced several coun- 
ties. In 1852, 1854, and 1858 he represented Callaway county 
in the Legislature as a Whig, and in 1855 was one of the com- 
mittee of three which revised all the statutes of the State and 
codified them in book form. In i860 he was elected to the 



i48 



HISTORY OF MISSOURI. 



State Senate, and was the author of the resolution creating 
the convention to which was referred the question of secession. 

He attended the called meet- 
ing of the Legislature held 
at Neosho in October, 1861, 
and was the only member 
who voted against secession. 
He remained unalterable in 
his allegiance to the Union 
during the war, but took no 
^^ active part in the troubles of 
those times. In 1872 he was 
again elected to the Senate 
i and maintained his former 
reputation for laborious and 
conscientious work. In 1874 
he was elected Governor, and 
his administration was one 
of the most honorable in the entire historv of the State. 
In 1873 a college for the education of girls was projected at 
Mexico, -at which place he had lived since 1861, and named 
Hardin College in his honor. From his munificent hand it 
had received many thousand dollars up to the time of his death 
in 1892. 

220. Locusts. — In 1874 and in 1875 all the country 
west of Missouri, even to and beyond the Rocky Mountains,, 
was plagued by a devouring insect. Governor Hardin, in his 
message, called them the Rocky Mountain locusts, but the 
people usually referred to them as Kansas grasshoppers. They 
were about two inches long and looked very much like the 
ordinary grasshopper that has always been seen in this State,. 




C. H. HARDIN. 



GOVERNORS WOODSON AND HARDIN. 549 

except their legs were of a reddish color, and parts of their 
bodies, wings and head were more or less reddish, also. They 
came down from the mountains in 1874, filling and almost 
darkening the heavens by their great number. They quickly 
Overran Colorado, then came on through Kansas, and late in 
the summer invaded Missouri. In Colorado and parts of 
Kansas they ate up every green thing, taking every live blade 
of grass and every leaf on tree and bush and flower and 
vegetable. They entered a few counties of Missouri, but in 1874 
they came after most of the crops had matured, and hence 
did not do so much damage. They deposited their eggs, how- 
ever, and as it became warm next year these hatched out in 
great numbers. The people foug'ht them before they were 
able to fly, and thus greatly mitigated the pest. The most 
effective way was by digging ditches, putting in a few inches 
of straw, then driving the locusts into the ditch and burning 
the straw. Yet, in spite of all of these efforts, they overran 
several counties along the western border of the State. The 
first months of 1875 were dark days for these counties. Their 
wheat and meadows were destroyed by the locusts. They 
planted their corn, but it was devoured as fast as it came up. 
Again they would plant it, thinking that the insects would 
leave as soon as they became able to fly, and again it was de- 
voured. Governor Hardin proclaimed that June 3, 1875, 
should be observed as a day of "fasting, thanksgiving and 
prayer," for Divine deliverance from the vexatious plague. 
The proclamation was generally observed, especially in that 
part of the State where the danger seemed most imminent. 
But throughout the State the people responded liberally with 
money and provisions for the suft'erers. About this time, in 
fact on the very next day, heavy rains set in. Up to that time 



550 HISTORY OF MISSOURI. 

the long continued doiight had not abated in western Missouri^ 
though shght rains had fallen in the spring months of 1875, 
but now they became lieav}' and frequent. This was regarded 
as a forerunner of deliverance. It was. The locusts began to 
move about June 11, but a strong southwest wind drove them 
further into the interior of the State, but in a day or two the 
wind shifted to the east, and by the fifteenth the locusts were 
all gone. The next year they came again, but did little dam- 
age, and since that time have not appeared. The citizens of 
these counties began at once to retrieve the loss. They planted 
their crops again, and, the season being very favorable from 
that time on, the yield was bountiful. All over the State the 
crops were prodigious in 1875, and this fact served largely to 
alleviate the business depression of the two previous years. 

221. The New Constitution. — The people did not be- 
come any nearer satisfied with the Drake Constitution as 
they more thoroughly adjusted themselves to re-established 
peace. They felt it was out of harmony with the spirit of 
the age. At the election of 1874 a convention to frame a 
new constitution was voted for. Sixty-eight delegates, two 
from each senatorial district, were elected thereto on January 
6, 1875. They were able men, of great personal worth and 
wisdom. Sixty of them were Democrats, six Republicans and 
two Liberals. They met in the Capitol May 15, 1875. Waldo 
P. Johnson was elected President, and Nathaniel W. Watkins 
vice-president. A thorough revision of the entire organic 
law of the State was made. Some of the provisions at the 
time were thought to 'be radical, but so far they have worked 
no hardship, and the people seem as well satisfied with the 
Constitution as an intelligent people ever did with any law. 



GOVERNORS WOODSON AND HARDIN. 55^ 

In fact, all persons look to it as a strong tower of defense, 
and a promoter of prosperity, peace and order. 

222. Three Marked Features.— Only three of its pro- 
visions will here be spoken of. (i) It prohibited the Leg- 
islature from imposing a debt upon the State in any amount 
above two hundred and fifty thousand dollars for any one 
year, unless two-thirds of the voters at an electron should au- 
thorize it to do so, and did not permit towns and counties to 
issue bonds for any purpose except for the erection of public 
improvements. This was done to put a stop to the wasteful, 
and sometimes wicked issue of bonds for building railroads. 
(2) Another feature of this Constitution was the restrictions 
it put upon the Legislature, county courts, cities and school 
districts to tax the people. All these have been discussed in 
the proper chapters of the Civil Government of Missouri. Un- 
der such a Constitution no more great railroad debts like those 
we have considered can be contracted. (3) Its other marked 
feature was the thoughtful provisions in reference to public 
schools. Under the liberal laws it permitted the Legislature 
to make, Alissouri now outranks almost every State in the 
L^nion in the amount of her school funds, and spends about 
eight million dollars every year for education. The other 
provisions can not be presented, but, at the final vote in the 
Convention on its adoption, not a vote was recorded against 
it, and on the thirtieth of O'ctober it was adopted by the people, 
there being ninety-one thousand votes for it and fourteen 
thousand and five hundred against it. It went into opera- 
tion November 30, 1875, and has since been the supreme law 
of the State government. 

223. Terms of Office.— By the new Constiution, the 
term of the Governor and of nearly all other State and many 



552 HISTORY OF MISSOURI. 

county officers was lengthened from two to four years, and 
it was provided that the Governor and Treasurer could not 
be re-elected as their own successors. It w^as thought the 
Governor would choose men because of their special fitness 
rather than for their political influence in making his appoint- 
ments, if not permitted to succeed himself. As the Treasurer 
handles the State's money, it was considered it would be less 
liable to be purloined if frequent changes wxre made in the 
officers, and for the same reason county treasurers and sheriffs 
are not permitted tO' serve continuously longer tjian four 
years, but almost all other officers are eligible to re-election 
for any number of terms. 

224. The Election of 1876.— At the election in 1876 
the Democratic and Republican parties each nominated strong 
and talented men for Governor, John S. Phelps of Greene and 
G. A. Finkelnburg of St. Louis. The issues in the campaign 
that followed were largely national. The Democratic majority 
w^as fifty-two thousand, and Phelps was inaugurated Governor 
January 8. 

Questions on Chapter XXI. 

1. Recite some of the incidents in the life of Silas Wood- 
son. (215) 

2. What is said about the business depressions during his 
term? (216) 

3- How did he and the Legislature meet this condition? (216) 

4. What is said of the Grange? (217) 

5. To what were the financial troubles of these years partly 
due? (217) 

6. What action did the poHtical parties take at the election 
in 1874? (218) 

7. Give a sketch of the life of Charles H. Hardin. (219) 

8. What is said about locusts? (220) 

9. What efforts were made towards securing a new Consti' 
tution? (221) 



FROM 1877 TO 1892. 



553 



10. Mention its first marked feature. (222) 

11. And the second. (222) 

12. And the third. (222) 

13. How was it adopted? {222) 
What was the vote for and against it? (222) 
What changes did it make in the terms of offices? (223) 



14. 
15- 



16. Who were the candidates for Governor in 1876? (224) 



17- 



Who was elected and with what majority? (224) 



CHAPTER XXII. 
FROM 1877 TO 1892. 



225. John S. Phelps. — John S. Phelps was born in 
Connecticut, December 22, 1814. His father, Elisha Phelps, 
was a lawyer of prominence in that State and served also as 
a member of the Legislature, 
-and in other State offices, and 
three terms in Congress. His 
grandfather was a gallant and 
iDrave ofticer in the Revolu- 
tionary War. He received a 
■classical education, studied law 
and was admitted to the bar 
in his native State. In 1837 
he came to Missouri and set- 
tled at Springfield. Under the 
laws of the State then he must 
needs obtain a new license be- 
fore he could practice law in 
Missouri, and that, too, from JOHX s. phelps. 




554 HISTORY OF MISSOURI. 

the chief justice of the Supreme Court. Phelps made the 
journey to Jefferson City on horseback, and on arrival learned 
that Judge Thompkins was some distance in the country at a 
sawmill. There the judge was found and the examination 
had, the applicant sitting on a log, and the hard knotty ques- 
tions, hard like the logs around them, were plied by the learned 
judge. The license was written on a leaf torn from an old 
blue ledger, and from this unicjue circumstance young Phelps 
turned away to become one of the most prominent and in- 
fluential men in the State's history for the next forty years. 
He soon became noted in southwest Missouri as a great 
lawyer, and in 1840 was elected to the Legislature as a Demo- 
crat. In 1844 he was elected to Congress, and was a member 
of that body continuously till 1862. At that time the most 
important committee of the House w^as the committee of Ways 
and Means, and of this Mr. Phelps was eight years chairman. 
When the war came on he sided with the Union, and did much 
toward aiding General Lyon in his efforts to grasp the State 
from the hands of Governor Jackson. In 1861 he organized 
"Phelp's Regiment," was its colonel for several months, and, 
at the battle of Pea Ridge, commanded it in person and 
saw it suffer a loss of thirty per cent of its men. In 1862 he 
was military Governor of Arkansas. In 1863 he resumed the 
practice of law at Springfield. He was frequently put forward 
during the next few years for United States Senator as a 
Union Democrat, but always defeated. In 1868 he was the. 
Democratic candidate for Governor, and was elected in 1876, 
served for four years, and filled the off'ice with creditable honor 
and wisdom. So well satisfied were the people with his admin- 
istration that he doubtless would have been elected ao^ain had 



FROM 1877 TO 1892. 



555 



not the Constitution adopted in 1875 made it impossible for 
him to succeed himself. He died in St. Louis in 1886. 

226. Senators.— In 1875 Francis Clarion Cockrell was 
elected to represent Alissouri in the United States Senate as 
a Democrat. He was re-elected in 1881, again in 1887, and 
again in 1893,, and again in 1899, and still represents the State 
in that high tribunal. In 1879, George G. Vest was elected as 
the other United States Senator. He was re-elected in 1885, 
and again in 1891, and again in 1897. At the close of his 
fourth term in 1903 he declined re-election, and William J. 
Stone was chosen as his successor. 

227. Governor Crittenden.— Thomas T. Crittenden 
was elected Governor in 1880. The Republican candidate 
was D. P. Dyer of St. Louis. Mr. Crittenden was born in 
Kentucky in 1832, and reared at Cloverport on the Ohio 
river. His primary education was in the log-cabin school- 
house O'f that time, but in 



1852 he entered Centre Col- 
lege, in that State, and 
was graduated therefrom 
in 1855. He studied law 
with his uncle, the great J. 
J. Crittenden, and came to 
Missouri and settled at 
Lexington. In 1862 he en- 
rolled in the State militia, 
was made lieutenant-colo- 
nel and served till the close 
of the war. He then re- 
sumed the practice of law 
at Warrensburg as a part- 




THOS. T. CRITTENDEN. 



556 HISTORY OF MISSOURI. 

ner of General F. M. Cockrell. He became a leader in the 
liberal movement for equality of citizenship, peace, fraternity 
and good will, and boldly advanced these ideas in a brilliant 
canvass of a great part of the State. In 1872 he was elected 
to Congress, and again in 1876. His administration is re- 
membered mostly for the breaking up of the James Boys band 
of outlaws and murderers, the terriblest set of train and bank 
robbers in all Western history, and also for a settlement of the 
Hannibal and St. Joseph railroad debt. The State had, in 
185 1 and 1855, issued its bonds to the amount of $3,000,000 
to aid in building that road. During this administration, after 
a great number of lawsuits, the road paid the debt with interest. 

228. The Election of 1884.— There were three candi- 
dates for Governor in 1884. The Democrats nominated John 
S. Marmaduke ; the Republicans, Nicholas Ford of Andrew 
county; and the Prohibitionists, John A. Brooks of Kansas 
City. Neither Alarmaduke nor Ford had any ability as public 
speakers, and neither had ever been extensively or conspicu- 
ously identified with political contests; consequently, the 
campaign was largely overshadowed by the National contest 
for the Presidency between Blaine and Cleveland. The Pro- 
hibitionists, however, made a more energetic campaign and 
polled more votes than ever before or since. ]\Iarmaduke was 
elected. The principal features of his administration were the 
Local Option law and the legislation regulating railroads. For 
some time public sentiment had been growing against the 
grasping power and extortionate greed of railroads. An 
effort was made in the Legislature of 1887 to give relief, but 



FROM 1877 TO 1892. 



557 




without success, and an ad- 
journment was had, leaving 
the matter entirely unset- 
tled, much to the regret of 
the Governor and a large 
part of the people. There- 
upon he called an extra 
session to consider this 
question. After an ani- 
mated session, prolonged 
through several weeks, a 
law was passed forbidding- 
railroads to pool with each 
other in keeping up the 
price of traffic, also forbid- 
ding them from charging 
higher rates for short distances than for longer ones over the 
same road and to the same market, also from charging small 
shippers higher rates per car than large ones. The law satis- 
fied the public demands for a few years and as time goes on 
seems to be much more efficient than was at first supposed. 

229. The Local Option Law. — The Local Option Law 
was enated in 1887 in the interest of temperance. It gave 
to each town of 2,500 population the right to decide, by a 
majority vote, whether or not intoxicating liquors should be 
sold therein as a beverage and to all the rest of the county, 
except such towns, the same privilege. Under this law nearly 
all of the principal towns and a majority of the counties held 
elections. In a majority of them the vote was against the sell- 
ing of liquors, but in nearly every one of these cases the elec- 



JOHN S. MARMADUKE. 



00' 



HISTORY OF MISSOURI. 



tion was declared invalid because proper notice was not given 
in the newspapers, or because of some other legal defect. The 
whole State of Missouri was alive with these elections in 1887 
and 1888, but of late years public interest in them has much 
declined. 

230. Governor Marmaduke. — John Sappington Mar- 
maduke was born in Saline county, in 1833, being a son of 
j\I. M. Marmaduke, who became Governor on the death of 
Thomas Reynolds in 1844. He was reared on the farm, entered 
Yale College at the age of seventeen and West Point Mili- 
tary Academy at the age 
of twenty, from which he 
was graduated in 1857, and 
was assigned to duty in 
Utah as an officer in the 
regular army under the 
renowned Albert Sidney 
Johnston. When civil war 
broke in mad fury over 
the land, he resigned 
from the United States 
army, organized a com- 
pany of State Guards and 
joined Governor Jackson 
" ,," '-^ ^ ' at Boonville. Contrary 

A. P. MOREHOUSE. to liis advicc, Governor 

Jackson, who was his uncle by marriage, ordered him to give 
battle to General Lyon at that place. He obeyed the order, led 
his little army to certain defeat in face of Lyon's stalwart 
troops, then quickly resigned from the State Guard, proceeded 




FROM 1877 TO 1892. ' 559 

to Richmond and tendered his sword to the Confederacy, and 
then went off to the war. He became a colonel in Albert Sid- 
ney Johnston's arm}-, and, for gallant conduct at the battle of 
Shiloh, was breveted brigadier-general on the field. He sub- 
sequently took part in the war in Missouri and Arkansas. 
When the war was over he became a commission merchant in 
St. Louis. Afterwards he became interested in journalism and 
became owner of a farmers' paper called the Journal of Agri- 
culture. In 1876 he was elected Railroad Commissioner, and 
in 1884 Governor, and served just three years, till December 
28, 1887, on which day he died. Albert P. Morehouse, the 
Lieutenant-Governor, immediately succeeded to the office and 
held it for one year. Mr. Morehouse w^as a native of Ohio, 
v/ho came to Missouri in 1856, and after teaching school for 
a. time became a lawyer, and rose to eminence in northwest 
Missouri as a citizen. He served several terms in the Legis- 
lature and died in September, 1891. 

231. The Election of 1888.— At the election of 1888 
the Demorcratic candidate for Governor was David R. Francis 
of St. Louis, and the Republican was E. E. Kimball of Nevada. 
Francis was elected, and Stephen Claycomb, of Jasper county, 
was chosen Lieutenant-Governor. 

232. David Rowland Francis was born in Kentucky 
in 1850, and moved with his parents to St. Louis in 1866, 
where for four years he attended Washington University, 
graduating with the degree of Bachelor of Arts in 1870. His 
expenses while at college were defrayed partly by money he 
had earned as a newsboy in Richmond, Kentucky, during the 
VvAar, from 1861 to 1864. To complete his education he incurred 
a debt of several hundred dollars, which he repaid out of the 



56o 



HISTORY C)F MISSOURI. 



first money earned after graduation. In 1870 he entered upon 
successful commercial pursuits, which he has continued to the 
present time. In March, 1885, he was elected Mayor of St. 
Louis, and in November, 1888, was elected Governor, and 
inaugurated January 14, 1889. I" 1896 he was called to the 
Cabinet by President Cleveland, as Secretary of the Interior, 

and served the country as 
the head of the Interior 
Department about s i x 
months. During his ad- 
ministration as Gov- 
ernor the State Treasurer 
became a defaulter in the 
sum of about thirty-two 
thousand dollars. The 
Governor promptly re- 
moved him from office, 
his bondsmen without suit 
made good the .amount 
embezzled, and the de- 
faulting officer was prose- 
cuted and sent to the peni- 
tentiary. Lon V. Stephens, who afterwards was Governor, 
was appointed State Treasurer to fill the vacancv. 




DAVID R. FRANCIS. 



Qustions on Chapter XXII. 

1. Give a sketch of the life of John S. Phelps. (225) 

2. Who were elected Senators in 1875 and 1879? (226) 

3. Who were the candidates for Governor in 1880? (227) 

4. Give a sketch of Governor Crittenden's life. (22/) 

5. For what is his administration most remembered? (227) 

6. Who were the candidates for Governor in 1884? (228) 



FKOAi 1892 TO Till': i"Ki;si':x'i- Tj.Mi:. 561 

7. What is said al)()ul the campaign (228) 

8. What were the principal features of Marmaduke's admin- 
istration? (228) 

9. What is said about legislation rgulating railroads? (228) 

10. What is said of the Local Option Law? (22g) 

11. Give a sketch of the life of John S. Marmaduke. (230) 

12. LTow long did he serve as Governor? (230) 

13. Who succeeded him? (230) 

14. What is said of Governor Morehouse? (230) 

15. What is said of the election of 1888? (231) 

16. Give a sketch of the life of Mr. Francis. (232't 



CHAPTER XXIII. 

FROM 1892 TO THE PRESENT TIME. 

233. The Election of 1892. — In 1892 the Republican 
party nominated Major William Warner of Kansas City as 
its candidate for Governor, and the Democrats nominated Wil- 
liam J. Stone of Nevada. Both candidates were exceedingly 
able speakers and the campaign that followed was one of the 
most active ever known in the State. The main issue of the 
contest was the proper system of taxation by the Federal Gov- 
ernment — whether there should be a tariff for protection or 
tariff for revenue only. In this campaign Leverett Leonard 
of Saline county was a candidate of the new Populist or 
People's party for the office of Governor. At the polls Major 
Warner received 235.383 votes, Mr. Stone 265,044, ]\Ir. 
Leonard 37,262. There were also 3,393 votes cast for John 
Sobieski, the Prohibition candidate. Mr. Stone received 29,-- 
661 more votes than did Major Warner, and was elected. 

36 



562 



lllSTORV Ul< MISSOURI. 



234. William J. Stone. — William Joel Stone was born 
near Richmond in Madison county, Kentucky, in 1848, his 
Ancestors having come to that State from Virginia. He was 
reared on his father's farm 
and attended the neighbor- 
hood schools and the semi- 
nary at Richmond. In 1863 
he came to Missouri and 
was educated at the State 
University at Columbia. In 
1869 he was admitted to 
the bar, served as city at- 
torney of Columbia for a 
few months and in 1870 
removed to Nevada, and 
soon became one of the 
most prominent citizens 
and lawyers of southwest 
Missouri. In 1884 he was 
elected to Congress and 
served in the House of 

Representatives for six years. While a member of that body the 
tenacious contest arose in Congress over the forfeiture of the 
immense land grants made to Western and Southern railroads 
between 1862 and 1868. Mr. Stone contended that these lands 
ought to be restored to the public domain for the reason that 
the railroads had not complied with the terms of the grants. 
He became a leader on the side of those urging that the grants 
be forfeited, and as a result of this movement about sixty 
million acres were restored to the Government while he was 
a member of Congress. In 1892 he became Governor, and 




WILLIAM J. STONE. 



FROM 1892 TO Till": I'RESliNT TliMi:. 563 

tliiring his term led in the organization of the Democratic 
party of the State in behalf of the free and unlimited coinage 
of silver. At the close of his term as Governor, he engaged 
in the practice of the law at St. Louis, and in 1903 was elected 
a Senator in Congress by the Missouri General Assembly. 

235. Decrease In Revenues. — In 1892 the valuation 
of all property in the State, as ascertained by the assessments 
made by the county assessors and the changes made by the 
State Board of Equalization in equalizing those assessments, 
slightly exceeded the sum of nine hundred million dollars. 
Up to that time since the adoption of the Constitution of 1875 
the rate of taxation for State purposes had been twenty cents 
on the hundred dollars valuation. But by the Constitution 
when the entire valuation exceeds nine hundred millions, this 
rate must not exceed fifteen cents on each hundred dollars 
worth of property. Hence, it may be seen that the revenues 
of the State were much less for the next few years than they 
had been for sometime prior to 1893. Nevertheless the State 
government was not impaired nor greatly embarrassed by this 
sudden change. By proper economy it was able to appropriate 
one-third of its revenue to the public schools, and besides built 
the main edifice to the State University, whose buildings had 
been burned in 1892, and made additions to about half of the 
educational and eleemosynary institutions of the State, and 
paid all claims against the Treasury when presented. 

236. Cyclones. — In late years destructive storms, pop- 
ularly called cyclones or tornadoes, have occurred in the West, 
and in most States in the Upper Mississippi valley. They 
have occurred in various parts of Missouri, but only the four 
that were most destructive of life and property will be men- 



564 HISTORY OF MISSOURI. 

tioned. In 1878 a violent storm swept down on Richmond, 
in Ray county, killing more than a score of people, and de- 
stroying many houses. Another, equally destructive of life 
and property, overtook the town of Alarshfield, in Webster 
county, in 1880. Another still more destructive fell upon 
the town of Kirksville in 1899. But the worst cyclone per- 
haps ever known in the West, was the one wdiich came down 
on St. Louis late in the afternoon of May 27, 1896. It came 
from a southwesterly direction, and mowed a wide w^ay for 
itself through the city. Churches, residences, factories, parks, 
buildings of every kind were destroyed. It caused the death 
of tw^o hundred and twenty people in the city, tw^elve boats 
on the river were lost, eight thousand, three hundred houses 
w^ere either destroyed or badly damaged, and parts of the 
great railroad bridge over the Mississippi were blown down. 
But wherever these storms have occurred, the survivors have 
soon set. aside their fears, gathered their energies together 
again and repaired the loss of property. The number of 
deaths in the whole State caused by them is far less than that 
caused by a disease of ordinary virulence, and the value of 
the property destroyed is not to be compared to that con- 
sumed by fire ; and, beyond question, many people have per- 
mitted themselves to unnecessarily exaggerate their danger. 

237. Election of 1896.— For the election of 1896 the 
Democrats nominated Lon V. Stephens, of Boonville, for Gov- 
ernor, and the Republicans nominated Robert E. Lewis of 
Clinton. The Populists nominated Orville D. Jones of Edina, 
but in a month or two after his nomination Judge Jones with- 
drew in favor of ]\Ir. Stephens. The campaign was a stirring 
one from the beginning. Mr. Stephens w^as elected, receiving 
43,233 more votes than Mr. Lewis. 



FROM ICS92 in Till': PKRSENT TIMI-:. 



S6; 




238. Governor Stephens. — Lon V. Stephens was l^orn 
in Boonville, Missouri, December 21, 1858, being a son of 
the well-known Joseph L. 
Stephens, who for many 
years was one of the most 
prominent business men of 
the State, and himself a can- 
didate for the Democratic 
nomination for Governor in 
1872. He was prepared 
for college in the famous 
Kemper Family School of 
Boonville, and was then 
sent to (Washington and 
Lee University at Lexing- 
ton, Virginia. After mak- lon v. Stephens. 
ing a tour of Europe, he became identified with his father's 
bank in Boonville, serving as bookkeeper, cashier, and direc- 
tor, and here received the training which soon made him 
conspicuous among the younger business men of Missouri. 
In 1887 l^e was made receiver of the Fifth National Bank of 
St. Louis, which had become bankrupt, and so successfully 
wound up its affairs as to attract the attention of the State. 
In March, 1890, he was appointed State Treasurer to fill out 
the term of Mr. Noland who had been removed, and in 1892 
elected to the same position for a term of four years. While 
in this office he became identified with those who were urging 
the cause of the free and unlimited coinage of silver, which 
had gained control of the Democratic party in Missouri, and 
at the State convention was nominated for Governor by accla^ 
mation, and elected to that office in November. 



566 HISTORY OF MISSOURI. 

239. Strikes. — During- Governor Stone's term there 
was a strike among the coal miners throughout the country, 
which was accompanied with violence in many States. The 
militia were called out in Ohio, Kansas, Tennessee and other 
States to restore order. A strong effort was made to involve 
the miners of Missouri in this strike; hut hecause of the 
prompt and wise action taken by the administration, assisted 
by employers and leaders among the miners, all trouble here 
was averted. 

About the first of July, 1894, a strike by the employees of 
railroads extended over a great part of the country. Traffic 
was interrupted, commerce greatly impeded, and in some 
places there was violence, bloodshed and destruction of prop- 
erty. But happily in Missouri traffic was not materially inter- 
rupted except on three railroads, and on these the trouble con- 
tinued for only three or four days ; nor was there any exten- 
sive destruction of property or bloodshed. 

But in 1900, during the administration of Governor 
Stephens, there was a strike among the employees of the street 
railways in St. Louis, wdiich lasted for six weeks. It involved 
about four-fifths of all the railways in the city, and was at- 
tended with some violence and resulted in much loss of busi- 
ness. In fact, business almost ceased, both within the city, 
and with the wide extent of country of which it is the metrop- 
olis. The police forced the cars to run, but did not give 
such protection as made it safe for citizens to ride on them. 
The Mayor and Alunicipal /\ssembly seemed indifferent, and 
made no real eff'ort to restore order. The Governor was ap- 
pealed to by a large number of citizens to call out the militia 
to put down the rioters. He replied that he would not do so 



FROM 1892 TO THE PRESENT TIME. 567 

because there was no money on hand witli which to pay their 
expenses, and because he was not convinced that the sheriff 
had tried to use the posse comitatus to suppress disorder, and 
directed the sheriff to do that at once. Then the sheriff sum- 
moned hundreds of the most prominent and substantial citi- 
zens in the city to aid him. They surprisingly responded 
with alacrity. They took their guns and went forth to re- 
store order, and order was soon restored. The rioters ceased 
to destroy property, throw stones at cars, insult passengers, or 
do other violence. Then the strike wore itself out. A few 
of the most lawless among the rioters were tried for crim- 
inally destroying the tracks and blowing up cars on which 
were passengers, convicted, and sent to the penitentiary. 

240. Election of 1900.— In 1900 the Democratic party 
nominated Alexander M. Dockery of Gallatin as its candidate 
for Governor, and the Republicans nominated Joseph Flory 
of St. Louis. Five or six other small parties also put for- 
ward candidates, but the issue was between the Democrats 
and the Republicans. Mr. Dockery was elected by a plurality 
of 32,147 over Mr. Flory. 

241. Governor Dockery.— Alexander Monroe Dockery 
was born in Daviess county, February 11, 1845. He was 
educated at the common schools, and in the Macon Academy, 
and graduated from the best medical colleges in St. Louis 
and New York, and practiced medicine until 1874, in Lin- 
neus and Chillicothe. In 1874 he assisted in organizing a 
bank at Gallatin and for eight years was its cashier. It 
was during that period that his unusual business ability first 
manifested itself. In 1882 he was elected to Congress as a 



;68 



HISTORY OF :\rissouRi. 




Democrat, and was a member of the House of Representatives 

for sixteen years, where he 
took high rank, and was the 
author 'of some legislation 
which has become a fixed 
part of the Government's 
affairs, such as the law pro- 
viding for special letter de- 
livery at all post offices and 
of the law extending free 
delivery of mails to small 
cities. In 1899, he volun- 
tarily retired from Congress 
to become a candidate for 
A. M. DOCKERY. Govcrnor. He was elected 

and inaugurated January 14, 1901. 

242. Conclusion. — The census of 1900 gave the popu- 
lation of the State as 3,106,665. This had been an increase 
of over four hundred per cent in fifty years, or from 682,000 
in 1850. The area of the State is 68,735 square miles, or 
about forty-four million acres. There are about seven thou- 
sand miles of railroad, and the taxable wealth of the State 
is something over one billion dollars. The territory is well 
supplied with rivers, and the annual rainfall is large. There 
are lead, iron and zinc in untold cjuantities. A large part of 
the State is underlaid with excellent coal, and these beds are 
to be found in ready access to each county. Numerous other 
mineral products are found in large quantities and of excel- 
lent quality. The State is so rich in everything that con- 
tributes to the comforts of man that it could be made to sup- 



FRo.\r \8q2 to 'III!-: i'ui:si-:n'I' timk. 5^9 

ply the wants of twenty-tivc millions of people. There is a 
strong central university at Columbia, and two others in, St. 
Louis, namely, Washington University, and the St. Louis Uni- 
versit}-. There are not less than one hundred and fifty col- 
leges, academies and seminaries ; the strongest colleges being 
William Jewell at Liberty, Central at Fayette, Westminster at 
Fulton, Drury at Springfield, Central College for Young 
Ladies at Lexington, Stephens and Christian at Colum1)ia, 
Park at Parkville, Hardin at Mexico and Missouri Valley at 
Marshall, and for the training of teachers there are the three 
State Normals at Warrensburg, Cape Girardeau, and Kirks- 
ville. There are schools for the education of physicians and 
lawyers, also commercial schools. Besides, there are many 
high schools in the better towns and nearly ten thousand pub- 
lic and private schools. The inhabitants of Missouri have 
always been a religious people, and in every county and town, 
and in almost every township, there are faithful men of God 
proclaiming the Gospel. The leading religious denomina- 
tions are Baptist, Methodist, Catholic, Presbyterian, Christian, 
Episcopalian, Lutheran and Congregationalist. 

Questions on Chapter XXIII. 

1. Who were the candidates for Governor in 1892 (233) 

2. Wliat is said of the campaign? (233) 

3. Who was elected? (233) 
Give a sketch of the life of William J. Stone. (234) 
Wliat is said about the valuation of property in 1892? (235) 
What is said of c3aMones? (236) 
Who was elected Governor in 1896? (237) 

8. What is said about the strike among railroad employees 
in 1894? (239) 

9. What is said of the street railway strike in St. Louis and of 
the way it was suppressed? (239) 

10. Who was elected Governor in 1900 and by how much? (240) 

11. What is said in conclusion (242) 



4- 



/• 



APPENDIX. 



THE CONSTITUTION OF THE UNITED STATES. 

PREAMBLE. 

We, the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defense, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America. 

ARTICLE I. LEGISLATIVE DEPARTMENT. 

Section I. Congress in General. 

All legislative powers herein granted shall be vested in a Con- 
gress of the United States, which shall consist of a Senate and a 
House of Representatives. 

Section II. House of Representatives. 

1. The House of Representatives shall be composed of mem- 
bers chosen every second year by the people of the several States, 
and the electors in each State shall have the qualifications requi- 
site for electors of the most numerous branch of the State legisla- 
ture. 

2. No person shall be a Representative who shall not have 
attained the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned 
among the several States which may be included within this Union, 
according to their respective numbers, which shall be determined 
by adding to the whole number of free persons, including those 

(570) 



APPENDIX. 571 

bound to service for a term of years, and excluding Indians not 
taxed, three-fifths of all other persons. The actual enumeration 
shall be made within three years after the first meeting of the 
Congress of the United States, and within every subsequent term 
of ten years, in such manner as they shall by law direct. The num- 
ber of Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative; and 
until such enumeration shall be made, the State of Nczu Hampshire 
shall be entitled to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five, Neiv York six, Ne-w 
Jersey four, Pennsyh'ania eight, Delaware one, Maryland six, Virginia 
ten. North Carolina five. South Carolina five, and Georgia three. 

4. When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of election 
to fill such vacancies. 

5. The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeachment. 

Section III. Senate. 

1. The Senate of the United States shall be composed of two 
Senators from each State chosen by the Legislature thereof, for 
six years; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be into 
three classes. The scats of the Senators of the first class shall be 
vacated at the expiration of the second year; of the second class, 
at the expiration of the fourth year, and of the third class, at the 
expiration of the sixth year, so that one-third may be chosen every 
second year; and if vacancies happen by resignation or otherwise 
during the recess of the legislature of any State, the executive 
thereof may make temporary appointment until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of the 
United States, and who shall not, when elected, be an inhabitant 
of that State for which he shall be chosen. 

4. The Vice-President of the United States shall be President 
of the Senate, but shall have no vote, unless they be equally 
divided. 



572 APPENDIX. 

5. The Senate shall choose their other officers, and also a 
President pro tempore in the absence of the Vice-President, or when 
he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments. When sitting for that purpose, they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside; and no person shall be convicted with- 
out the concurrence of two-thirds of the members present. 

7. Judgment in cases of impeachment shall not extend further 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust, or profit under the United States; but the 
party convicted shall, nevertheless, be liable and subject to indict- 
ment, trial, judgment, and punishment, according to law. 

Section IV. Both Houses. 

1. The times, places, and manner of holding elections for 
Senators and Representatives shall be prescribed in each State by 
the legislature thereof; but the Congress may at any time by law 
make or alter such regulations, except as to the places of choosing 
Senators. 

2. The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in December, unless 
they shall by law appoint a different day. 

Section V. The Houses Separately. 

1. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of each 
shall constitute a quorum to do business; but a smaller number 
may adjourn from day to day, and may be authorized to compel 
the attendance of absent members, in such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, 
punish its members for disorderly behaviour, and with the con- 
currence of two-thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts as may 
in their judgment require secrecy, and the yeas and nays of the 
members of either house on any question shall, at the desire 
of one-fifth of those present, be entered on the journal. 



APPIiNDIX. 573 

4. Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than three 
days, nor to any other place than that in which the two houses 
shall be sitting. 

Section VI. Privileges and Disabilities of Members. 

1. The Senators and Representatives shall receive a com- 
pensation for their services, to be ascertained by law and paid out 
of the Treasury of the United States. They shall, in all cases 
except treason, felony, and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same; and for any 
speech or debate in either house they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office under the 
authority of the United States, which shall have been created, or 
the emoluments whereof shall have been increased during such 
time; and no person holding any office under the United States 
shall be a member of either house during his continuance in office. 

Section VII. Mode of Passing Laws. 

1. All bills for raising revenue shall originate in the House 
of Representatives; but the Senate may propose or concur with 
amendments as on other bills. 

2. Every bill which shall have passed the House of Repre- 
sentatives and the Senate shall, before it become a law, be pre- 
sented to the President of the United States; if he approve he shall 
sign it, but if not he shall return it, with his objections, to the 
house in which it shall have originated, who shall enter the ob- 
jections at large on their journal and proceed to reconsider it. 
n after such reconsideration two-thirds of that house shall agree 
to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house it shall become a law. But 
in all such cases the votes of both houses shall be determined by 
yeas and nays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house respectively. 
If any bill shall not be returned by the President within ten days 
(Sundays excepted) after it shall have been presented to him, the 



574 ' APPENDIX. 

same shall be a law, in like manner as if he had signed it, unless 
the Congress by their adjournment prevent its return, in which 
case it shall not be a law. 

3. Every order, resolution, or vote to which the concurrence 
of the Senate and House of Representatives may be necessary 
(except on a question of adjournment) shall be presented to the 
President of the United States; and before the same shall take 
effect, shall be approved by him, or being disapproved by him. 
shall be repassed by two-thirds of the Senate and House of Rep- 
resentatives, according to the rules and limitations prescribed in 
the case of a bill. 

Section VIII. Powers Granted to Congress. 

The Congress shall have power: 

1. To lay and collect taxes, duties, imposts, and excises, to 
pay the debts and provide for the common defense and genera! 
welfare of the United States; but all duties, imposts, and excise? 
shall be uniform throughout the United States; 

2. To borrow money on the credit of the United States; 

3. To regulate commerce with foreign nations and among 
the several States, and with the Indian tribes; 

4. To establish a uniform rule of naturalization, and uniform 
laws on the subject of bankruptcies throughout the United States; 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securi 
ties and current coin of the United States; 

7. To establish post-offices and post-roads; 

8. To promote the progress of science and useful arts by 
securing for limited times to authors and inventors the exclusive 
right to their respective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on 
the high seas and offenses against the law of nations; 

11. To declare war, grant letters of marque and repi-isal, and 
make rules concerning capture on land and water; 

12. To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two years; 

13. To provide and maintain a navy; 



apim-:ndix. 575 

14. To make rules for the government and regulation of the 
land and naval forces; 

15. To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrection and repel invasions; 

16. To provide for organizing, arming and disciplining the 
militia and for governing such parts of them as may be employed 
in the service of the United States, reserving to the States re- 
spectively the appointment of the officers, and the authority of 
training the militia according to the discipline prescribed by Con- 
gress; 

17. To exercise exclusive legislation in all cases whatsoever 
over such district (not exceeding ten miles square) as may, by 
cession of particular States and the acceptance of Congress, become 
the seat of the Government of the United States, and to exercise 
like authority over all places purchased by the consent of the 
legislature of the State in which the same shall be, for the erec- 
tion of forts, magazines, arsenals, dockyards, and other needful 
buildings; and 

18. To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all other 
powers vested by this Constitution in the Government of the 
United States, or in any department or officer thereof. 

Section IX. Powers Denied to the United States. 

1. The migration or importation of such persons as any of 
the States now existing shall think proper to admit shall not be 
prohibited by the Congress prior to the year one thousand eight 
hundred and eight, but a tax or duty may be imposed on such 
importation, not exceeding ten dollars for each person. 

2. The privilege of the writ of habeas corpus shall not be 
suspended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No capitation or -other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore directed to 
be taken. 

5. No tax or duty shall be laid on articles exported from any 
State. 

6. No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of another; 



576 APPENDIX. 

nor shall vessels bound to or from one State be obliged to enter, 
clear, qr pay duties in another. 

7. No money shall be drawn from the Treasury but in con- 
sequence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States; 
and no person holding any office of profit or trust under them 
shall, without the consent of the Congress, accept of any present, 
emolument, office, or title, of any kind whatever, from any king, 
prince, or foreign State. 

Section X. Powers Denied to the States. 

1. No State shall enter into any treaty, alliance, or confeder- 
ation; grant letters of marque and reprisal; coin money; emit 
bills of credit; make anything but gold and silver coin a tender in 
payment of debts; pass any bill of attainder, c.v post facto law, or 
law impairing the obligation of contracts, or grant any title of 
nobility. 

2. No State shall, without the consent of Congress, lay any 
imposts or duties on imports or exports, except what may be abso- 
lutely necessary for executing its inspection laws; and the net 
proceeds of all duties and imposts, laid by any State on imports 
or exports, shall be for the use of the Treasur}^ of the United 
States; and all such laws shaH'be subject to the revision and con- 
trol of the Congress. 

3. No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of peace, 
enter into any agreement or compact with another State or with 
a foreign powder, or engage in war, unless actually invaded or in 
such imminent danger as will not admit of delay. , 

ARTICLE II. EXECUTIVE DEPARTMENT. 

Section I. President and Vice-President. 

I. The executive power shall be vested in a President of the 
United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows: 



APPIiNDIX. 577 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be 
entitled in the Congress; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

3. IThe electors shall meet in their respective States and 
vote by ballot for two persons, of whom one at least shall not be 
an inhabitant of the same State with themselves. And they shall 
make a list of all the persons voted for, and of the number of 
votes for each; which list they shall sign and certify, and transmit 
sealed to the seat of government of the United States, directed to 
the President of the Senate. The President of the Senate shall, in 
the presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. The per- 
son having the greatest number of votes shall be the President, 
if such number be a majority of the whole number of electors ap- 
pointed; and if there be more than one who have such majority, 
and have an equal number of votes, then the House of Repre- 
sentatives shall immediately choose by ballot one of them for 
President; and if no person have a majority, then from the five 
highest on the list the said house shall in like manner choose the 
President. But in choosing the President the votes shall be taken 
by States, the representation from each State having one vote; a 
quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. In every case, after the choice of 
the President, the person having the greatest number of votes 
of the electors shall be the Vice-President. But if there should 
remain two or more who have equal votes, the Senate shall choose 
from them by ballot the Vice-President.] 

4. The Congress may determine the time of choosing the 
electors and the day on which they shall give their votes, which 
day shall be the same throughout the United States. 

5. No person* except ■ a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Constitution, 
shall be eligible to the office of President; neither shall any person 
be eligible to that office who shall not have attained to the age of 

2^7 



578 APPENDIX. 

thirty-live years, and been fourteen years a resident within the 
United States. 

6. In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers and 
duties of the said office, the same shall devolve on the Vice- 
President, and the Congress may by law provide for the case of 
removal, death, resignation, or inability, both of the President and 
Vice-President, declaring what officer shall then act as President, 
and such officer shall act accordingly until the disability be re- 
moved or a President shall be elected. 

7. The President shall, at stated times, receive for his ser- 
vices a compensation, which shall neither be increased nor dimin- 
ished during the period for which he may have been elected, and 
he shall not receive within that period any other emolument from 
the United States or any of them. 

8. Before he enter on the execution of his office he shall take 
the following oath or affirmation: 

"I do solemnly swear (or affirm) that 1 will faithfully execute 
the office of President of the United States, and will to the best 
of my ability preserve, protect, and defend the Constitution of the 
United States." 

Section II. Powers of the President. 

1. The President shall be Commander-in-chief of the Army 
and Navy of the United States, and of the militia of the several 
States, when called into the actual service of the United States; 
he may require the opinion, in writing, of the principal officer in 
each of the executive departments, upon any subject relating to 
the duties of their respective offices, and he shall have power to 
grant reprieves and pardons for offenses against the United States, 
except in cases of impeachment. 

2. He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the Sena- 
tors present concur; and he shall nominate, an^, by and with the 
advice and consent of the Senate, shall appoint ambassadors, other 
public ministers and consuls, judges of the Supreme Court, and all 
other officers of the United States, whose appointments are not 
herein otherwise provided for, and which shall be established by 
law; but the Congress may by law vest the appointment of such 



APPENDIX. 579 

inferior officers, as they think proper, in the President alone, in 
the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies 
that may happen during the recess of the Senate, by granting com- 
missions which shall expire at the end of their next session. 

Section III. Duties of the President. 

He shall from time to time give to the Congress information 
of the state of the Union, and recommend to their consideration 
such measures as he shall judge necessary and expedient; he may, 
on extraordinary occasions, convene both houses, or either of 
them, and in case of disagreement between them with respect i<j 
the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors and other public 
ministers; he shall take care that the laws be faithfully executed, 
and shall commission all the officers of the United States. 

Section IV. Impeachment. 

The President, Vice-President, and all civil officers of the 
United States shall be removed from office on impeachment for 
and conviction of treason, bribery, or other high crimes and mis- 
demeanors. 

ARTICLE III. JUDICIAL DEPARTMENT. 
Section I. United States Courts. 

The judicial power of the United States shall be vested in one 
Supreme Court, and in such inferior courts as the Congress may 
from time to time ordain and establish. The judges, both of the 
supreme and inferior courts, shall hold their offices during good 
behaviour, and shall, at stated times, receive for their services a 
compensation which shall not be diminished during their con- 
tinuance in office. 

Section II. Jurisdiction of the United States Courts. 

I. The judicial power shall extend to all cases, in law and 
equity arising under this Constitution, the laws of the United 
States, and treaties made, or which shall be made, under their 
authority; to all cases affecting ambassadors, other public min- 
isters, and consuls; to all cases of admiralty and maritime juris- 



580 APPENDIX. 

diction; to controversies to which the United States shall be a 
party; to controversies between two or more States; between a 
State and citizens of another State; between citizens of different 
States; between citizens of the same State claiming lands under 
grants of different States, and between a State, or the citizens 
thereof, and foreign States, citizens, or subjects. 

2. In all cases affecting ambassadors, other public ministers 
and consuls, and those in which a State shall be a party, the 
Supreme Court shall have original jurisdiction. In all the other 
cases before mentioned the Supreme Court shall have appellate 
jurisdiction, both as to law and fact, with such exceptions and 
under such regulations as Ihe Congress shall make. 

3. The trial of all crimes, except in cases of impeachment, 
shall be by jury; and such trials shall be held in the State where 
the said crimes shall have been committed; but when not com- 
mitted within any State, the trial shall be at such place or places 
as the Congress may by law have directed. 

Section III. Treason. 

1. Treason against the United States shall consist only in 
lev3'ing- war against them, or in adhering to their enemies, givmg 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, 
or on confession in open court. 

2. The Congress shall have power to declare the punishment 
of treason, but no attainder shall work corruption of blood or 
forfeiture except during the life of the person attainted. 

ARTICLE IV. THE STATES AND THE FEDERAL 
GOVERNMENT. 

Section I. State Records. 

Full faith and credit shall be given in each State to the public 
acts, records, and judicial proceedings of every other State. And 
the Congress may by general laws prescribe the manner in which 
such acts, records, and proceedings shall be proved, and the effect 
thereof. 

Section II. Privileges of Citizens, etc. 

I. The citizens of each State shall be entitled to all privi- 
leges and immunities of citizens in the several States. 



APPENDIX. 5^^ 

2. A person charged in any Slate with treason, felony, or 
other crime, who shall flee from justice, and be found in another 
State, shall, on demand of the executive, authority of the State 
from which he fled, be delivered up, to be removed to the State 
having jurisdiction of the crime. 

3. No person held to service or labour in one State, under 
the laws thereof, escaping into another, shall, in consequence of 
any law or regulation therein, be discharged from such service or 
labour, but shall be delivered up on claim of the party to whom 
such service or labour may be due. 

Section III. New States and Territories. 

1. New States may be admitted by the Congress into this 
Union; but no new State shall be formed or erected within the 
jurisdiction of any other State; nor any State be formed by the 
junction of two or more States or parts of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States or of any particular State. 

Section IV. Guarantee to the States. 

The United States shall guarantee to every State in this 
Union a republican form of government and shall protect each of 
them against invasion and on application of the legislature, or of 
the executive (when the legislature cannot be convened), against 
domestic violence. 

ARTICLE V. POWER OF AMENDMENT. 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Constitution, 
or, on the application of the legislatures of two-thirds of the 
several States, shall call a convention for proposing amendments, 
which in either case shall be valid to all intents and purposes as 
part of this Constitution, when ratified by the legislatures of three- 
fourths of the several States, or by conventions in three-fourths 



582 APPENDIX. 

thereof, as the one or the other mode of ratification may be pro- 
posed by the Congress, provided that no amendments which may 
be made prior to the year one thousand eight hundred and eight 
shall in any manner afTect the first and fourth clauses in the ninth 
section of the first article, and that no State, without its consent, 
shall be deprived of its equal suffrage in the Senate. 

ARTICLE VI. PUBLIC DEBT, SUPREMACY OF THE CON- 
STITUTION, OATH OF OFFICE, RELIGIOUS TEST. 

1. All debts contracted and engagements entered into, before 
the adoption of this Constitution, shall be as valid against the 
United States under this Constitution as under the confederation. 

2. This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties made, 
or which shall be made, under the authority of the United States, 
shall be the supreme law of the land; and the judges in every 
State shall be bound thereby, anything in the Constitution or laws 
of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 
States, shall be bound by oath or affirmation to support this Con- 
stitution; but no religious test shall ever be required as a qualifica- 
tion to any office or public trust under the United States. 

ARTICLE VII. RATIFICATION OF THE CONSTITUTION. 

The ratification of the conventions of nine States shall be 

sufficient for the establishment of this Constitution between the 

States so ratifying the same. 

Done in convention by the unanimous consent of the States 
present, the seventeenth day of September, in the year 
of our Lord one thousand seven hundred and eighty 
seven, and of the Independence of the United States of 
America the twelfth. In witness whereof, we have here- 
unto subscribed our names. 

George Washington, President, and Deputy from Virginia. 

New Hampshire — John Langdon, Nicholas Oilman. 

Massachusetts — Nathanial Gorhum, Rufus King. 



APPENDIX. 



583 



Connecticut— William Samuel Johnson, Roocr Sherman. 
New York^Alexander Hamilton. 

New Jersey— William Livingston, David Bearly, William Patter- 
son, Jonathan Dayton. 
Pennsylvania— Benjamin Franklin, Thomas Mifflin, Robert Morris, 
George Clymer, Thomas Fitzsimons, Jared Inger- 
soll, James Wilson, Gouverneur Morris. 
Delaware—George Read, Gunning Bedford, Jr., John Dickinson, 

Richard Bassett, Jacob Broom, 
^laryland— James McHenry, Daniel of St. Thomas Jenifer, Daniel 

Carroll. 
Virginia— John Blair, James Madison, Jr. 
North Carolina— William Blount, Richard Dobbs :5paight, Hugh 

Williamson. 
South Carolina— John Rutledge. Charles Cotesworth Pinckney, 

Charles Pinckney, Pierce Butler. 
Georgia — William Few, Abraham Baldwin. 

Attest: William Jackson, Secretary. 



AMENDMENTS. 



ARTICLE I. 



Congress shall make no law respecting an establishment of 
religion, or prohibiting the free exercise thereof; or abridging the 
freedom of speech or of the press; or the right of the people 
peaceably to assemble, and to petition the government for a re- 



dress of grievances. 



ARTICLE II. 



A well-regulated militia being necessary to the security of a 
free state, the right of the people to keep and bear arms shall not 
be infringed. 

ARTICLE III. 

No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner, nor in time of war, but in a 
manner to be prescribed by law. 



584 APPENDIX. 



ARTICLE IV. 

The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, 
shall not be violated, and no warrants shall issue but upon prob- 
able cause, supported by oath or affirmation, and particularly- 
describing the place to be searched, and the persons or things to 
be seized. 

ARTICLE V. 

No person shall be held to answer for a capital or otherwise 
infamous crime, unless on a presentment or indictment of a grand 
jury, except in cases arising in the land or naval forces, or in the 
militia, when in actual service in time of war or public danger: nor 
shall any person be subject for the same offense to be twice put 
in jeopardy of life or limb; nor shall be compelled in any criminal 
case to be a witness against himself, nor be deprived of life, liberty, 
or, property, without due process of law; nor shall private prop- 
erty be taken for public use without just compensation. 



ARTICLE VI. 

In all criminal prosecutions the accused shall enjoy the right 
to a speedy and public trial, by an impartial jury of the State and 
district wherein the crime shall have been committed, which dis- 
trict shall have been previously ascertained b)^ law, and to be 
informed' of the natufe and cause of the accusation; to be con- 
fronted with the witnesses against him; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defense. 

ARTICLE VII. 

In suits at common law, where the value in controversy shall 
exceed twenty dollars, the right of trial by jury shall be preserved, 
and no fact tried by a jury shall be otherwise re-examined by any 
court of the United States, than according to the rules of the 
common law. 



APPKNOIX, 



ARTICLE VIII. 



585 



Excessive bail shall not be required, nor excessive fines im- 
posed, nor cruel and unusual punishments inflicted. 

ARTICLE IX. 

The enumeration in the Constitution . of certain rights shall 
not be construed to deny or disparage others retained by the 
people. 

ARTICLE X. 

The powers not delegated to the United States by the Con- 
stitution, nor prohibited by it to the States, are reserved to the 
States respectively or to the people. 

ARTICLE XL 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign State. 

ARTICLE XII. 

I. The electors shall meet in their respective States and vote 
by ballot for President and Vice-President, one of whom, at least, 
shall not be an inhabitant of the same State with themselves; 
they shall name in their ballots the person voted for as President, 
and in distinct ballots the person voted for as Vice-President, 
and they shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice-President, and of 
the number of votes for each; which lists they shall sign and 
certify, and transmit sealed to the seat of the government of the 
United States, directed to the President of the Senate. The Presi- 
dent of the Senate shall, in the presence of the Senate and House 
of Representatives, open all the certificates and the votes shall 
then be counted. The person having the greatest number of votes 



586 ArrENDix. 

for President shall be President, if such number be a majority of 
the whole number of electors appointed; and if no person have 
such majority, then from the persons having the highest numbers 
not exceeding three on the list of those voted for as ^President, the 
House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President the votes shall be taken 
by States, the representation from each State' having one vote; a 
quorum for this purpose shall consist of a member or members 
from two-thirds of the States, and a majority of all the States 
shall be necessary to a choice. And if the House of Representa- 
tives shall not choose a President whenever the right of choice 
shall devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, as in 
the case of the death or other constitutional disability of the 
President. 

2. The person having the greatest number of votes as Vice- 
President shall be the Vice-President, if such number be a majority 
of the whole number of electors appointed; and if no person 
have a majority, then from the two highest numbers on the list 
the Senate shall choose the Vice-President; a quorum for the pur- 
pose shall consist of two-thirds of the whole number of Senators, 
and a majority of the whole number shall be necessary to a 
choice. 

3. But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the United 
States. 

ARTICLE XIII. 

1. Neither slavery nor involuntary servitude, except as a 
punishment for crime whereof the party shall have been duly con- 
victed, shall exist within the United States or any place subject to 
their jurisdiction. 

2. Congress shall have power to enforce this article by ap- 
propriate legislation. 

ARTICLE XIV. 

T. All persons born or naturalized in the United States, and 
subject to the jurisdiction thereof are citizens of the United States 
and of the State wherein they reside. No State shall make or 



APPENDIX. 587 

enforce any law which shall abridge the privileges or immunities of 
citizens of the United States; nor shall any State deprive any per- 
son of life, liberty or property without due process of law; nor 
deny to any person within its jurisdiction the equal protection of 
the laws. 

2. Representatives shall be apportioned among the several 
States according to their respective numbers, counting the whole 
number of persons in each State, excluding Indians not taxed. 
But when the right to vote at any election for the choice of 
electors for President and Vice-President of the United States. 
Representatives in Congress, the executive and judicial officers of 
a State, or the members of the legislature thereof, is denied to 
any of the male inhabitants of such State, being twenty-one years 
of age, and citizens of the United States, or in any way abridged, 
except for particiption in rebellion, or other crime, the basis of 
representation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole number 
of male citizens twenty-one years of age in such State. 

3. No person shall be a Senator or Representative in Con- 
gress, or elector of President and Vice-President, or hold any 
office, civil or military, under the United States or under any 
State, who, having previously taken an oath as a member of Con- 
gress, or as an officer of the United States, or as a member of any 
State legislature, or as an executive or judicial officer of any State, 
to support the Constitution of the United States, shall have en- 
gaged in insurrection or rebellion against the same, or given aid 
or comfort to the enemies thereof. But Congress may, by a vote 
of two-thirds of each house, remove such disability. 

4. The validity of the public debt of the United States, au- 
thorized by law^ including debts incurred for payment of pensions 
and bounties for services in suppressing insurrection or rebellion, 
shall not be questioned. But neither the United States nor any 
State shall assume or pay any debt or obligation incurred in aid of 
insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave; but all such debts, obliga- 
tions, and claims shall be held illegal and void. 

5. The Congress shall have power to enforce, by appropriate 
legislation, the provisions of this article. 



588 APPENDIX. 



ARTICLE XV. 

1. The right of citizens of the United States to vote shall not 
be denied or abridged by the United States or by any State on 
account of race, color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by 
appropriate legislation. 

THE DECLARATION OF INDEPENDENCE. 

In Congress, July 4, 1776. 
When, in the course of human events, it becomes necessary 
for one people to dissolve the political bands which have con- 
nected them with another, and to assume among the powers of the 
earth, the separate and equal station to which the laws of nature 
and of nature's God entitle them, a decent respect to the opinions 
of mankind requires that they should declare the causes which 
impel them to the separation. 

We hold these truths to be self-evident, that all men are 
created equal, that the}'- are endowed by their creator with certain 
unalienable rights, that among these are life, liberty and the 
pursuit of happiness. That to secure these rights, governments 
are instituted among men. deriving their just powers from the 
consent of the governed. That whenever any form of government 
becomes destructive of these ends, it is the right of the people to 
alter or to abolish it, and to institute new government, laying its 
foundation on such principles and organizing its powers in such 
form, as to them shall seem most likely to effect their safety and 
happiness. Prudence, indeed, will dictate that governments long 
established should not be changed for light and transient causes; 
and accordingly all experience hath hown that mankind are more 
disposed to suffer, while evils are sufiferable. than to right them- 
selves by abolishing the forms to which they are accustomed. 
But when a long train of abuses and usurpations, pursuing in- 
variably the same object, evinces a design to reduce them under 
absolute despotism, it is their right, it is their duty, to throw ofif 
such government, and to provide new guards for their future 
security. Such has been the patient sufferance of these colonies; 
and such is now the necessitv which constrains them to alter their 



APPENUIX. 



589 



former system of government. The history of the present king 
of Great Britain is a history of repeated injuries and usurpations, 
all having in direct object the establishment of an absolute tyranny 
over these States. To prove this, let facts be submitted to a candid 
world. 

He has refused to assent to laws, the most wholesome and 
necessary for the public good. 

He has forbidden his governors to pass laws of immediate 
and pressing importance, unless suspended in their operation till 
his assent should be obtained; and when so suspended, he has 
utterly neglected to attend to them. 

He has refused to pass other laws for the accommodation of 
large districts of people, unless those people would relinquish the 
right of representation in the legislature, a right inestimable to 
them and formidable to tyrants only. 

He has called together legislative bodies at places unusual, 
uncomfortable, and distant from the depository of their public 
records, for the sole purpose of fatiguing them into compliance 
with his measures. 

He has dissolved representative houses repeatedly, for op- 
posing with manly firmness his invasions on the rights of the 
people. 

He has refused for a long time, after such dissolutions, to 
cause others to be elected; whereby the legislative powers, in- 
capable of annihilation, have returned to the people at large for 
their exercise; the State remaining in the meantime exposed to all 
the dangers of invasion from without, and convulsions within. 

He lias endeavored to prevent the population of these States; 
for that purpose obstructing the laws for naturalization of foreign- 
ers; refusing to pass others to encourage their migrtaion hither, 
and raising the conditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing 
his assent to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the 
tenure of their offices, and the amount and payment of their 
salaries. 

He has erected a multitude of new ofifices, and sent hither 
swarms of officers, to harrass our people, and eat out their sub- 
stance. 



C^go APPENDIX. 

He has kept among us, in times of peace, standing armies 
without the consent of our legislature. 

He has affected to render the military independent of and 
superior to the civil power. 

He has combined with others to subject us to a jurisdiction 
foreign to our Constitution and unacknowledged by our laws; 
giving his assent to their acts of pretended legislation: 

For quartering large bodies of armed troops among us: 

For protecting them, by mock trial, from punishment for any 
murders which they should commit on the inhabitants of these 
States: 

For cutting oft our trade with all parts of the world: 

For imposing taxes on us without our consent: 

For depriving us in many cases of the benefits of trial by jury: 

For transporting us beyond seas to be tried for pretended 
offenses: 

For abolishing the free system of English laws in a neigh- 
boring province, establishing therein an arbitrary government, and 
enlarging its boundaries so as to render it at once an example and 
fit instrument for introducing the same absolute rule into these 
colonies: 

For taking away our charters, abolishing our most valuable 
laws and altering fundamentally the forms of our government: 

For suspending our own legislature, and declaring themselves 
invested with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his 
protection and waging war against us. 

He has plundered our seas, ravaged our coasts, burnt our 
towns, and destroyed the lives of our people. 

He is at this time transporting large armies of foreign mer- 
cenaries to complete the work of death, desolation and tyranny 
already begun with circumstances of cruelty and perfidy scarcely 
paralleled in the most barbarous ages, and totally unworthy the 
head of a civilized nation. 

He has constrained our fellow citizens taken captive on the 
high seas to bear arms against their country, to become the execu- 
tioners of their friends and brethren, or to fall themselves by their 
hands. 

He has excited domestic insurrection amongst us. and has 
endeavored to bring on the inhabitants of our frontiers, the nierci- 



API'KNDIX. 591 

less Indian savages, whose known rule of warfare is an undis- 
linguislied destruction of all ages, sexes and conditions. 

in every stage of these oppressions we have petitioned for 
redress in the most humble terms Our repeated petitions have been 
answered only by repeated injury. A prince, whose character is 
thus marked by every act which may define a tyrant, is unfit to be 
the ruler of a free people. 

Nor have we been wanting in attention to our British 
brethren. We have warned them from time to time of attempts 
by their legislature to extend an unwarrantable jurisdiction over us. 
We have reminded them of the circumstances of our emigration 
and settlement here. VVe have appealed to their native justice and 
magnanimity, and we have conjured them by the ties of our com- 
mon kindred to disavow these usurpations, which would inevitably 
interrupt our connections and correspondence. They too have 
been deaf to the voice of justice and consanguinity. We must, 
therefore, acquiesce in the necessity which denounces our separa- 
tion, and hold them, as we hold the rest of mankind, enemies in 
^var, in peace friends. 

We, therefore, the Representatives of the United States of 
America, in general Congress assembled, appealing to the Supreme 
Judge of the World for the rectitude of our intentions, do, in the 
name, and by authority of the good people of these colonies, 
solemnly publish and declare, that these United States are, and of 
right ought to be free and independent States; that they are 
absolved from all allegiance "to the British crowm, and that all 
political connection between them and the State of Great Britain 
is and ought to be totally dissolved; and that as free and inde- 
pendent States, they have full power to levy war, conclude peace, 
contract alliances, establish commerce, and to do all other acts 
and things which independent States may of right do. And for 
the support of this declaration, with a firm reliance on the pro- 
tection of Divine Providence, we mutually pledge to each other 
our lives, our fortunes and our sacred honor. 



INDEX TO CIVIL GOVERNMENT. 



(The references are to the sections.) 



Acknowledgment of Deed, 380. 

Administrator/ 246. 

Agriculture. Department of, 159. 

Ambnsadors. 151.'. 

Amendment. 15th. 137. 

Amendments. 192. 

Annual School Meeting, 312. 

Appropriations, 125, 210. 

order of, 211. 

power of Governor over, 213. 
Arbitration Board, 237. 
Aristocracv, 2. 
Armies, lUS. 

volunteer. 109. 

regular, 110. 

cadets. 110. 

cost of. 111. 
Articles of Confederation, 25. 
Assessment of Propertv, 275. 

place of, 357. 

time of, 358. 
Assessor. countj% 275. 

city, 305. 
Asylums, 239. 
Attainder. 121. 

Attorney-General (State), 229. 
Attorney-General ( U. S.), 155. 
Auditor, (State), 227. 

Ballots. 340, 341, 342. 
Bankruptcies, 91. 

kinds. 92. 

history of. 94. 
Barbers, 'Board, 237. 
Benefit Assessments, 307. 
Blind School. 239. . " 

Board of Aldermen, 293. 
Board of Charities, 237. 
Board of Education : State, 237 ; 

county. 334. 
Board of Equalization, State, 221 

235 : county, 275 ; city, 305. 
Bank Examiners. 226. 
Board of Geology, 237. 
Board of Health, 237. 
Board of Pharmacy, 237. 
Bonds, 70. 

Cabinet. 151. 

Candidates, nomination, 148, 343. 

Captures. 106. 

Charter Governments, 7, 8, 9, 10, 

Circuit Clerks. 276. 

Circuit Courts. 247. 

Circuit Judge. 242. 

Cities, 287 . 

incorporation, 289. 

classes, 291. 



38 



Citizen, 87. 

Citizenship, equality of, 138. 
City Elections, 303. 
City Extensions, 304. 
City Government, 309. 
Class Legislation, 216. 
Coinage, 73, 74, 75, 76. 
Colonies : 

crown, 9, 10. 

proprietaiy, 11, 12, 13. 

Republican, 14. 
Commerce, 65, 66, 123. 

interstate, 67. 
Committee of Safety, 17. 
Committees and Rules, 208. 
Common (Carriers, 396. 
Complaints, 244. 
Condemnations, 398. 
Confederate Home, 239. 
Congress, 20, 33. 

authority of, 180. 

colonial, 21. 

continental, 22. 

sessions, 45, 46. 
Congressional Townships, 371. 
Constables, 245. 
Constitution (State), 188. 

amendment, 192. 
Constitution (U. S.), 26, 29. 

supreme law, 184. 

amendment, 31. 
Consuls, 152. 

Contracts, impairment of, 134. 
Convention, 17. 

constitutional, 26. 
Coroner. 282. 
Corporations, 380. 

stockholders and directors, 390. 

definition and powers, 391, 

duration, 392. 

ownership of real estate, 393. 

foreign, 394. 

educational and religious, 395. 

public service, 396. 

municipal, 397. 
Cost of Schools, 330. 
Counterfeiting, 85. 
Counties, 268. 
County : 

clerk. 272, 345. 

collector. 273. 

commissioner, 333. 

court. 271. 

school fund, 326. 

seat. 270. 

treasurer. 274. 
Courts (State), 196. 

(593) 



594 



INDEX TO CIVIL GOVERNMENT. 



appeals, 162. 
1(32. 



>1. 255. 



Courts — supreme, 157. 

appeals, 258. 

circuit, 247. 

criminal, 248. 

probate, 246. 

justices of the peace. 241 

county, 271. 

efficiency of, 264. 
Court (U. S.). 161. 

supreme, 162. 

district, 162. 

circuit, 162. 

circuit court of 

court of claims. 
Crimes : 

classes of, 243. 

punisliment for. 
Criminal Courts, 246. 
Curtesy, 387. 

Deaf and Dumb School. 239. 
Debts : 

national, 70. 71. 

state, 360. 

councv, 275. 

citv, 306. 

school, 317. 
Deeds, 370. 

Democracy, primary. 2. 
Department of : 

agriculture, 159. 

interior, 158. 

justice, 155. 

labor and commerce. 160. 
Diplomatic Affairs, 152. 
Domestic Violence. 183. 
Dower, 386. 
Due Process of Law, 173. 

Education, Non-Sectarian, 335. 
Elections : 

time of, 338. 

hours of voting, 347. 

precincts, 339. 

judges and clerks, 340. 

ballots, 340. 341, 342. 

disposing of ballots, 346. 

Toting. 346. 344. 

counting votes, 345, 226. 

in St. Louis, 344. 

registration of voters. 340. 

qiialifications of voters, 350. 
Electors, 148. 

qualifications, 149. 

vacancies in. 150. 

contests, 150. 
Eminent Domain. 398. 
Excise Commissioner, 369. 
i^xecutive Departments : 

State, 194, 221. 

United States, 151. 
Executive Officers, 221. 

powers of, 240. 
Executor, 246. 

Exemptions from Taxation, 336, 354. 
Exp«M-t tax, 122. 
Ex post facto laws, 121. 



Fair. State, 239. 

Feeble Minded Colonv. 230. 

Felony, 243. 

Fish Commission, 237. 

Freedom of : 

religion, 128. 

press. 129. 

speech, 129. 

assemblage. 130. 
Free Trade. 124. 
Fruit Experiment Station, 239. 
Fund Commissioners, 237. 

General Court, 10. 

Girls' Industrial Home, 239. 

Gold coin, 76. 

certificates, 78. 
Government : 

divisions of. 32. 

forms of, 2. 

progress of, 3. 

powers of. 4. 

development of, 6. 
Governor : 

powers, 223. 

qualifications and salary. 224. 

veto, 207. 
Grand .Tury, 170, 251. 
Greenbacks, 71. 

Habeas Corpus. 120. 
Heirs. 388. 
Homestead, 385. 
Hospitals for Insane, 239. 
House of Burgesses, 9. 

Impeachments, 40, 220. 
Imi)osts. 55. 
Indian Trade. 68. 
Indictment. 170, 251. 
Inferior Courts, 162. 
Informations. 251. 
Inheritance Tax, 323. 
Insurance Department, 233. 
Insurrections, 117. 
Interior Department, 158. 
Invasions. 182. 
Irrigation, 158. 

.Jeopardy. 1 71. 

.Judges. 164. 

Judicial Department. 161. 

.Judiciarv. 196. 242. 

Jury Trial, 167, 168. 169, 253. 

Justices of the peace, 244. 

Kansas City, 300. 

Labor and Commerce, 160. 
Labor Commissioner, 234. 
Lands, public, 175. 
Laws : 

how passed, 207. 

on what subjects, 217. 

class legislation, 216. 

when they take effect, 218. 

revised, 219. 



INDEX TO CIVIL GOVERNMENT. 



595 



Laws — enforcemont of, 2Go. 

ignorauci' of. LHJT. 

kinds of. 24;i. 
Legal Tender. 71. 
Legislature, 10"), 107. 

sessions, 205. 

powers. 200. 

committees and rules. 208. 

yeas and nays, 2v>;). 
Licenses. 59, 361, 363. 

rate of, 365. 

how obtained. 366. 

how used. 367. 

when revoked, 368. 
i^ieutenant-Governor, 200, 22o. 
Local Option, 365. 

Magistrates, 10. 

Marine Corps, 114. 

Marque. 1<»7. 

Marshal, 204. 

Massachusetts. 10. 

Militia. 116, 236. 

Ministers, 152. 

Mints, 153. 

Miscellaneous Provisions, 174. 

Misdemeanor, 243. 

Missouri : 

name. 187. 

territorial government of, 185, 
186, 187. 

constitution, 188. 
Monarchy. 2. 
Money : 

amount of, 74. 

emergency. 82. 

bank notes, 83. 

Sherman notes. 72. 

powers over. 60. 
Moneys (State) : 

appropriation of, 210, 211, 212. 

custodian of. 228. 

collection of, 273, 274. 

National Guard, 116. 236. 
Naturalization. 87. 
Navy. 113. 115. 

cadets. 115. 

department. 157. 
New states. 174. 
Normal Schools. 230, 331. 
Notes, il. 

bank, 82. 

bills of credit, 84. 

Oath of Office. 177. 204. 
Occupation Taxes, 364. 
Officers, Other S.tate, 238. 



Partition of Lands, 
Penitentiary. 230. 
Pensions, 158. 
I'eriurv. 266. 
Petit .Jury. 252. 
Police .Judge. 205. 
Police Regulations, 



382. 



308. 



Poll Taxes, 370. 
Post Office, 95. 

routes, 96. 

classes of mail, 07. 

postmasters, 08. 

free delivery. 00. 

rural free delivery, 100. 

I'egistered letters. 101. 

money orders, 102. 

postal union, 103. 

growth of, 104. 
Post Office Department, 156. 
I'owers : 

reserved, 131. 

denied to States, 132. 
Precincts, 330. 
Presents, 127. 
President, 139. 

veto power, 145. - v 

term of, 140. 

qualifications, 141. 

salary, 143. 

powers and duties, 144, 

election of. 147. 
Presidential Electors, 148. 
Private Property for Public Use, 

178. 
Probate Courts. 246. 
I'rosecuting Attorney, 277, 251. 
)*ublic Administrator, 281. 
Public Lands, 175. 
Public School Endowments, 329. 
Public School Fund. 321. 
I'ublic Use, 178, 308. 

Quo Warranto, 229. 

Railroad Commissioners, 232. 
Railroads, 306. 

taxation of. 227, 235. 

freight rates of, 232, 
Ranges, 374. 
Ratio, 76. 

Recorder of Deeds. 279. 
Reform School, 230. 
Religious Test for office, 177. 
Remainders, 384. 
Reports. 261. 
Representatives, State. 198. 

qualifications of, 201. 

compensation, 202. 

holding office, 203. 

oath of, 204. 
Representatives (U. S.), 34. 

qualifications. 35. 

apportionment. 37. 

gerrymandering, 39. 

voters for, 4(i. 
Reprisals, 107. 
Republic, 2, 10. 

Republican Form of Government, ISL 
Revenue, 54. 

collection of. 54. 60, 
Revised Statutes. 219. 
Right, unalienable, 1. 



596 



INDEX TO CIVIL GOVERNMENT. 



St. Louis, 301. 

Salaries of State OEficers. 231. 

Saloon Licenses. 365, 366, 368. 

School Board, 313. 

School Debts. 317. 

School Districts, 311, 315. 

School Funds. 320. 325. 

School Houses. 317. 

School of Mines. 239. 

School Taxes. 316. 317, 319. 

Schools for Colored Children. 332. 

Senate. State, 199. 

Senate. U. S., 41. 

Senators, State, 199. 

qualifications, 201. 

compensation, 202. 

holding office, 203. 

oath of, 204. 
Senators. U. S., 

number of. 43. 

vacancies, 43. 

election, 44. 
Secretary of Navv, 157. 
Secretary of State, State, 226. 
Secretary of State, U. Si., 152. 
Secretary of Treasury, 153. 
Secretary of War, 154. 
Sections, 376. 
Seminary Fund, 322. 
Sewers, 307. 
Sheriff, 277. 
Sherman Notes, 72. 
Sidewalks, 307. 
Silver. 76. 

certificates, 79. 
SJaverv. 

prohibited, 136. 
Slaves, 

importation of, 119. 
Soldiers' Home. 239. 
Speaker (State), 200. 
Speaker (U. S.). 36. 
State and Nation, 118, 135. 
State Auditor, 227. 
State Government, 

origin, 185. 
State "Treasurer, 228. 
f=5tates. New, 174. 
■States, rise of, 18. 
-Statutes, 243. 
Streets, 307. 
Subsidiary coin, 81. 
Suffrage, equality of, 137. 
Superintendent of Public SchX)ols, 230. 
Supreme Law. 184. 
Surveyor. 280. 
Tariffs, 55. 

protective, 56. 

revenue, 57. 
Taxation : 

<^xemption from, 354. 

purposes of, 352. 



Taxation — uniformity of, 355. 
rate of : 

for State purposes, 359. 
for county purposes. 286. 
for citv purposes. 306. 
for schools. 316. 317. 
for state debt. 360. 
for county debt, 286. 
for city debt. 306. 
for school houses, 317. 
Tax-Books, 275. 
Taxes : 

indirect. 55. 
direct. 62. 
uniformity of. 61. 
purposes of, 64. 
Teachers, 314. 

Territories, regulation of, 176. 
Titles. 126. 
Title to land. 383. 
Township Organization. 285. 
Townships : 

municipal. 284. 
congressional, 371. 375. 
Township School Fund, 327. • 
Treason. 179. 
Treasurer : 
State. 228. 
countv, 274. 
Tnited States. 153. 
Treasury Department, 153. 
Treaties, 50. 
Trial bv .Turv. 9, 107, 168. 252. 253, 

254, 255. 
Trusts and Combinations, 400. 

Fniformity of Tax Hate. 61, 355. 

Fnion. 19. 24. 

T'niversitv. 239. 

T'niversitV Fund. 322, 323. 

Use, public, 398. 

Verdict : 

in justice's court. 244. 

in other courts, 252. 

in criminal cases. 252. 
Vice-President, 42, 146. 
Villages. 302. 
Virginia. 9. 
Voters, legal, 350. 

War. 105. 

War Department. 154. 

War Vessels. 113. 

Warrants for Arrest. 244. 

Warrants for Money. 227. 228. 

school warrants." 274. 

county warrants, 274. 
Wills, 381, 388. 

Yeas and Nays, 209. 



INDEX TO HISTORY OF MISSOURI. 



(The references are to the ?3eptibns.) 



Ahil>ama, 55. 

Armed Neutrality. 143. 144, 152, 
Army, Price's, 175, 176. 
Arsenal : 

at St. Louis, 156. 

at Liberty, 159. 
Ashley, William H., 71. 79. 
Atchison, David R., 82, 124, 147. 

Barton, David, 59. 66. 
Bates, Frederick, 71, 72. 
Battle : 

Boonville, -171. 

Carthage, 173. 

Wilsons Creek. 177. 

Pea Ridge, 184. 

Lexington. 181. 
Bay. Judge. 201. 
Bent. Charles. 102. 
Benton. 66, 67, 98, 113, 114, 117. 

124. 
Bills of Credit, 50. 
Bingham. George C, 189. 
Black Ouard, 162. 
Blair, Francis P., 102, 149, 157, 161, 

167. 202. 
Blue Lodges, 129. 
Boggs, Lilburn W., 83. 84, 91. 
Boone. Daniel. 39. 
Boonville. 169, 171. 172. 
Bracito, Battle of, 103. 
Broadhead. .Tames O., 149, 203. 
Brooks. .John A.. 228. 
Brown, B. Gratz. 149, 203, 209. 
Brown, .John. 132. 
Bull, John, 79. 
Burnt District, 189. 
Burr, 31. 
Business Depressions, 50, 216. 

Camp Jackson, 161, 162, 163. 

Capital, 75. 

Carthage, Battle of, 173. 

Chihuahua, 104. 

Cholera. 81. 

Clark, George Rogers, 19. 

Ciark, .John B.. 89, 93, 164, 169, 173. 

177. 182. 
Clark, John B., Jr., 190. 
Clark, William, 41. 
Claycomb, Stephen, 231. 
Cockrell, F. M.. 212, 226. 
CoUnan. Noi-man J., 218. 
Comoromise : 

Missouri. 58, 127. 

Clay. 62. 
Conditional Union Men, 148. 



Confederacy, 185, 187. 
Congressional Delegates. 41. 
Congressmen, 68, 79, 98. 
Constitution : 

first, 59. 

second, 195. 

third. 221. 
Constitution 1875, 222. 
Convention of 1861, 146. 151, 152, 

1.54, ISO. 198. 
Cowskin Prairie. 175. 
Crittenden. T. T., 188. 227. 
Cummings, Rev J. A., 202, 203. 
Cyclones, 236. 

Debt, imprisonment for, 96. 

Democrats, 93. 

DeSoto, 1. 2. 

DeWitt, 88. 

Discoveries, 1, 2, 3. 4, 5. 

Dockery. Alexander M., 240, 24L 

Douephan, Alexander W., 82, 89, 

101. 164. 
Doniphan's Expedition. 101. 
Drake Constitution. 195. 
I>raconian Code, 197, 202. 
Dryden, Judge, 201. 
Duels. 67, 73. 
Dunklin, Daniel. 79. 80. 
Dyer, D. P. 227. 
Earthquakes, 35. 36. 
Edwards, John C, 98, 99. 
Elections : 

1820, 64. 

1824, 71. 

1828, 76. 

1832, 79. 

1836, 83. 

1840, 93. 

1844, 98. 

1848, 109. 

1852, 118. 

18.56, 124. 

1860, 140, 141. 

1864, 194. 

1868, 204. 

1870. 207. 

1872, 214. 

1874, 218. 

1876. 224. 

1880, 227. 

1884,. 228. 

1888, 231. 

1892, 233. t 

1896. 237. 

1900. 240. 
Elkhorn. Battle. 184. 

(597) 



598 



INDEX TO HISTORY OF MISSOURI. 



Emigration Aid Companies, 128. 
Engagements, number of, 191. 
EnglLsli Settlements. 38. 
Ewing, Robert C, 124. 
Expedition, Doniphan's, 101. 
Expeditions : 

Lewis and Clark. 33. 

Pike's, 34. 
Far West, 87. 
Fire, St. Louis, 110. 
Fires, Prairie, 78. 
First Settlement, 8, 38. 
Finkelnburg, G. A., 224. 
First ^Yhite Man. 1. 
Fletcher, Thomas C, 194. 
Flory, .Toseph, 240. 
Fort'^ Orleans. 7. 
Francis, David R., 231, 232. 
Franklin, 42. 
Free Negroes, 60. 63. 
French Explorations. 2, 3. 
Frost, D. M., 134. 156. 161. 162. 
Fugitive Slave Law, 133, 130. 
Fur Trade, 9, 46. 

Gamble, Hamilton R., 148, 152, 193, 

198. 
Gentry, William. 218. 
Gever, Henrv S., 117. 
Germans, 136. 140, 162. 
Glasgow. Battle of, 190. 
Glover, Samuel T., 149, 203. 
Grange. The, 217. 
Gravelly, J. J., 207. 
Green, James S.. 124, 147, 155. 
Guitar, Odon. 186. 
Gunn City Tragedy, 213. 

Hal leek. General, 183. 

Hall, Willard P., 102, 180. 193, 203. 

Hall, William A., 148. 153. 

Hard Monev, 92. 

Hardin, Cliarles H.. 218, 219. 

Hards and Softs, 98. 

Harnev, General, 134. 156, 160, 165, 

166. 
Hempstead, 41. 

Henderson, .John B.. 151, 153, 214. 
Hindes, Samuel, 133. 134. 
Hinkle, Col. G. W., 88, 89, 90. 
Houses, 16, 46. 
Howard County. 38, 43. 
Howard, Governor, 40. 

Immigrants, 32. 38, 42, 44. 

Imprisonment for debt, 96. 

Independence, 86. 

Indians. 21. 

Internal Improvements, 120, 121. 

low^a Line, 111, 112. 

Jackson. Claiborne F.. 113, 141, 144, 
147, 153, 163. 164, 167, 168, 
173, ISO. 182. 

Jackson, Congreve, 88. 

Jackson, Hancock, 124. 

Jackson Resolutions, 114, 115, 116. 



James Boys, 227. 
.layhawkers, 133, 135, 188. 
Johnson, Chas. P., 214. 
Johnson, Waldo P., 155, 221. 
Joliet, 2. 
Judges Ousted, 199, 201. 

Kansas Troubles. 127. 188. 
Kennett, Luther M., 117. 
Kimball, E. E., 231. 
King, Austin A.. 109. 
Know-NothLngs, 117, 124. 140. 

Laclede, 9. 
Lafayette's visit. 74. 
LaSalle, 3. 

Lawrence, Sacking of, 188. 
Lead, 8, 48. 

Legislature, Secession. 182. 
Lewis and Clark Expedition, 32. 
Lewis, Meriwether, 33, 4u. 
Lewis, Robert E., 237. 
Lexington, Battle of, 181. 
Lil)ertv Arsenal. 159. 
Little Blue, Battle of. 190. 
Local Option. 228, 229. 
Louisiana, named, 3. 
Louisiana Purchase, 25, 26, 27. 
Louisiana Territory, 28. 
Lucas, Charles, 67. 
Lucas, Judge J. B. C, 30. 67. 
Lyon, Nathaniel. 156, 157. 160, 161, 
162, 167, 170, 174, 177. 

Manumission Day, 196. 

Marmaduke, John S.. 171. 228, 230. 

:\Iarmaduke, M. M., 97. 230. 

Marquette, 2. 

Massachusetts, 128. 

Matches, 123. 

McClurg. Joseph W.. 204, 207. 

McCulloch, General, 176. 177. 

McNair, Alexander. 59, 65. 

Miller, John, 76, 83. 

Militia, 95. 

Missouri : 

acquired by France, 3. 

acquired by Spain. 11. 

acquired by France again, 25. 

acquired by United States, 26. 

organized as territory and named, 
40. 

admitted as State, 63. 
Missouri, Application to become a 
State, 52. 

ob.iections. 53. 54. 

compromise. ~*S. 

admitted as State. 63. 
Missouri Declares for Union. 150, 
Missouri Indians, 6. 
Missouri ^iilitia. 187. 188. 
:Missouri River, named, 2. 
Missouri Territory, named, 41. 
"Missourians," 130. 
Montgomery's Raid, 133. 
Morehouse. Albert P.. 230. 
Mormons Expelled. 89. 



INDEX TO HISTORY OF MISSOURI. 



599 



aiormon Troubles, So. 

Moss, James H., 153, 

Moss Resolution, l~>'.i. 

Mulnttoes, 00, 63. 

MuHins, Maj. A. W., ISO, 100. 

Muster Day, 05. 

New Madrid rinims, 37. 

New Madrid Earthquake, 35, 36. 

New Mexico, 1<»0, l(»S. 

Newspapers, first, 32, 42, 86. 

Nullification, 130. 

Number : 

of engagements. 101. 

of soldiers, 102. 
Order No. 11, ISS, 189. 
Order No. 24. 183. 
Osage Indians. 5. 
Ousting Officers, 100. 

Patten, David, SO. 

Peace, 208, 210. 

Pea Ridge, Battle of, 184. 

Pens, Steel, 123. 

Phelps. John S., 08, 148, 204, 225. 

Philips. John F.. 187, 190, 203, 212. 

Pike's Expedition, 34. 

Pioneer Life, 45. 

Pirates, 20. 

Platte Purchase. 82. 

Polk. Trusten, 124, 125. 

Pontiac. 13. 

P'opulation : 

1800, 24. 

1810, 51. 

1S20, 60. 

1850, 136. 

1900, 242. 
Prairie Fires, 78. 
Pratt, Parley P., 00. 
Preachers Proscribed, 107. 202. 
Preparations for War, 164, 167 
Price's Raid, 190. 
Price, Sterling, 08, 102, 107, 
lis, 110, 148. 151, 164. 
107, 108, 175, 176, 177. 
184, 185. 
Price. Thomas L., 109, 194. 
Proscription, 197, 108, 207. 

Quantrell, 188. 

Railroad debt, 121, 212, 213. 227 
Railroad Difficulties, 211, 212. 
Railroads, 120, 121, 122. 
Red Legs. 188. 
Reeves. P.en.iamin, 50, 71. 
Refugees. 183. 
Registration Act, 203. 
Republican Party,. 138, 207, 214. 
Revnolds. Thomas. 93, 96, 97. 
Rollins. James S., 109, 124, 148. 
Rvland, John F., 148. 



, 175. 

108, 
100, 
181, 



Sacking of Lawrence, 188. 
St. Ange. 12. 
St. Charles, 10. 
Ste Genevieve, 8. 
St. Louis : 

settlement, 9. 

British and Indian attack, 19. 
Santa Fe, Capture of, 102. 
Schools : 

father of. 80. 

interruption of, 187, 210. 

number of, 210, 242. 
Scott, John, 57, OS. 
Seal. State. 70. 
Secession, 142, 144. 145, 147, 152 

192. 
Secessionists, 147. 
Sectional Strife, 52. 138. 
Sewing Machines, 123. 
Shawnees and Delawares, 21. 
Shelby, General, 190. 
Sigel. General, 173. 
Sisters of Charity. 202. 
Slavery. 52. 53, 50. 58. 113. 
Slaves Emancipated. 196. 
Smith. .Joseph. 85, 00. 
Social Relations. 17, 46. 
Soil and Settler, 15, 45. 46. 
Soldiers, Number of. 102. 
Solemn Public Act, 63. 
Spanish Caravan, 6. 
Stanard, E. O., 204, 
State Seal. 70. 
Steamboats, 40. 
Stephens, liOn V., 238. 
Stewart, Robert 'M., 126. 143, 148. 
Stone. Wm. J., 226, 234. 
Strikes. 239. 
Supreme Court, 69. 

Tallmadge Resolution. 56. 
Taxes, decrease in. 235. 
Terms of Office. 223. 
Territorial Governors, 30, 40, 41. 
Test Oath, 197. 198. 
Texas, 100. 
Tomatoes, 123. 

T'nconditional T'nion Men, 149. 

Vest, Gpo. G., 220. 

Veto, lirst, 73. 

Vote oil Secession. 150. 

War Declared. 107. 

Warner. Ma.i. Wm.. 233. 

Weightman. Capt., 104, 178. 

Whigs. 93, 04. 

Wilkinson, 30. 31. 

Williams, Abraham J., 71. 

Williams, John F.. ISO. 

Wilson's Creek. Battle of, 177. 

Winston. James. 118. 

Woodson. Silas, 215. 



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